What is mediation?

Mediation is an alternative dispute resolution method operating on the basis of democratic principles. In the course of mediation an impartial third party, the mediator assists the parties in resolving their disputes in a way which works for all of them. Mediation is a voluntary, informal and confidential process.

Who may be a mediator? How can he/she help?

Mediator is an expert who is experienced in conflict resolution. The mediator facilitates the conversation between the parties by using particular communication methods in order the parties find a solution in their dispute which is acceptable for all of them. The mediator neither gives legal advice nor makes a decision in the case. However, if parties reach an agreement, the mediator puts it in a written form and upon the decision of the parties they may ask the court to approve their agreement as a settlement agreement.

Mediator is an expert having appropriate qualification and shall be registered in the Register of Mediators by the Ministry of Justice. The activity of mediators is regulated by Act LV of 2002 (Kvtv.) on the activity of mediators.

Why to implement workplace mediation and why this is the right time for it?

Nowadays, due to Covid-19 pandemic employment changes in an unprecedented way which changes naturally involve conflicts. Beyond the fact that conflicts worsen the cooperation and effectiveness of work, from occupational health and safety (OHS) perspective those are qualified as psychosocial risk. Employer is obligated and responsible by the law to assess such risks from OHS perspective and prepare an action plan for avoiding and/or mitigating the results thereof. The compliance with the above legal obligations may be supported by the implementation of workplace mediation, i.e. by involving mediators in the resolution of workplace disputes.

Further, employers may be responsible for damage suffered by their employees in connection with the employment, e.g. stress caused by workplace conflicts and the health consequences thereof. Such risks may be also mitigated by the implementation of workplace mediation and/or by the justified operation of a workplace mediation program.

In what kind of workplace conflicts can mediation be used?

• conflicts among co-workers,
• conflicts between manager – subordinate,
• conflicts between teams/departments,
• conflicts among leaders of the company,
• collective disputes, i.e. disputes between employer and works council/employer and trade union.

What is the process of mediation?

1. request to mediate
2. opening mediation session
3. uninterrupted time
4. exchange of views
5. generating options for resolution
6. writing an agreement
7. closure
8. enforcement/follow-up

Time: a mediation session takes maximum 3 hours. In some cases more session might be necessary.

Traits/advantages of mediation compared to regular conflict resolution methods

• An employment lawsuit usually takes 3-5 years or even more. On the contrary, mediation is quick and the costs thereof are significant lower.
• Mediation reduces the burden of the leaders.
• During mediation the participants are seeking the route of the problem first and resolution shall be prepared just after that, thus the agreement is usually more durable.
• Regardless of their position in the organization parties are treated as equal partner in the course of mediation as well as the parties’ emotional needs are recognized. In mediation nobody feels ashamed.
• Mediation is neither focusing on mistakes made in the past nor seeks responsibilities. The goal of mediation is to find a constructive solution for the problem.
• People may use their creative problem solving skills when they generate options and try to find solutions for their problem. Thus, during the process they experience their creativity, autonomy and their power to influence the situation. This creates confidence and may strengthen the employees’ engagement.
• Due to participation in mediation the relationship of the parties may reach a new level which may strengthen their further cooperation.
• The participants can learn new dispute resolution techniques which may support their personal development and how they handle conflicts in the future. This may improve the working environment in a long term.
• To resolve conflicts in the frame of mediation demonstrates a democratic company culture and at the same time support that.
• Using mediation may support employees’ satisfaction, well-being and thus, it is appropriate to support the employer brand.

Can mediation be used instead of the usual disciplinary actions and dispute resolution methods?

Although, mediation has a lot of advantages it is not appropriate for solving all types of conflicts. There are situations when the usual disciplinary actions or a court procedure is more effective to resolve the problem.

How can I implement workplace mediation?

The opportunity for resolving conflicts by mediation may be included in the existing internal policies (e.g. Code of Conduct, Disciplinary Policy), as well as a separate Code on Dispute Resolution may be prepared.

Further, it is recommended to inform employees about the opportunity of using mediation, the essence and advantages thereof on the usual communications channels and in the frame of trainings.

Mediator shall be an external expert. An employee of the company may not act as a mediator. The mediator may not be instructed by the employer as well as mediator is bound by confidentiality also towards the employer. From mediators a so-called „mediator bank” may be created, a list from which the disputing parties may choose the mediator they would like to work with.