E-mediation: More Than Resolving Labor Disputes

Most organizations will experience inter-workplace tension at some time. Given the unprecedented, tumultuous time that we are in, emotions are intensified and problems may arise during company training sessions, over organizational politics, regarding performance reviews, when perceived and real inequities are identified, when one employee’s social media post offends another and when work-from-home stresses become overwhelming. Referring the matter to human resources is the most common corrective.

Amid the uncertainties of the pandemic, however, employees may recoil from or pushback against this option. They may fear that contacting HR will threaten their employment. This leaves management, the HR team and employees with unresolved
problems.

Discussions with employees, managers and executives have convinced me that offering mediation for defusing tensions and identifying solutions benefits everyone. Employees appreciate knowing that their employer is taking additional measures to support them, and those positive feelings contribute to bolstering recruitment and retention. Additionally, partnering with an outside group of intentionally diverse and neutral mediators has the potential to improve the organization’s finances by resolving problems expeditiously and avowing litigation.

Explaining Mediation

Mediation is not common for resolving workplace issues unrelated to employment contracts, and introducing the process can seem daunting for both employers and employees. When people hear “mediation,” they tend to think “trouble”—and “lawyers.”

Legal professionals such as myself are working hard to demystify the notion. At its core, mediation consists of nothing more than creating a safe place to have an open conversation aimed at resolving an issue that might lead to a lawsuit. During a mediation, an impartial third party formally known as the mediator facilitates discussions between parties and helps them navigate sensitive topics while working toward a mutually agreeable resolution. The mediator’s purpose is not to decide who is right or wrong. Instead, the mediator helps people delve into tough conversations and works to ensure that people on both sides have every opportunity to express themselves and share their feelings.

Throughout the discussion, the mediator intervenes to diffuse tension, determine underlying interests or concerns, identify areas of agreement and put proposed solutions into terms the parties understand. It is not the mediator’s job to pit one party against another. Rather, it is the mediator’s job to make sure each party fully states their case and has the opportunity to propose a solution the other party can accept.

Efficiently achieving an effective resolution requires establishing trust, which itself requires ensuring that the people engaged in the discussion feel seen, heard and valued. Consequently, mediators tend to bounce ideas around and refer to real-life examples outside of the organization, which builds up relatability and trust.

Mediators can be hired from many sources. State employment commissions can be a good place to look. My colleagues and I recently formed the independent ADR Collective, and similar groups exist throughout the United States. What is important is that HR managers retain mediators from diverse backgrounds who are culturally competent, socially sophisticated and committed to both supporting the organization and making employees feel appreciated.

Done well, mediation improves productivity by producing quick resolutions and reducing tensions among employees. Those results allow work teams and the organization to be more flexible and responsive.

Physical Presence Not Required

E-mediation takes the alternative dispute resolution process online and out of the office. This may strengthen trust because problems that arise in the workplace often involve people from different backgrounds who have varied life experiences and unequal power within the organization. Employees may be more comfortable being vulnerable in a setting of their own choosing, be it their couch at home or a private office where no one else is physically present. An employee is certainly more apt to express concerns in a calm manner when they are sitting in their own space rather than feeling the presence and stare of someone they consider to be an opponent.

A mediator still facilitates the discussion, but they do so over the phone, through email or via an app such as Zoom that enables confidentiality in breakout rooms. When people feel safe and comfortable, they are more apt to be open when working towards resolution.

Other benefits of e-mediation include its accessibility, safety during the pandemic and low cost, especially when it is offered before parties become litigious. People in different geographic locations can communicate quickly and efficiently, which cuts down on wasted time and reduces anxiety.

The remote nature of e-mediation is especially important at a time when large numbers of people are working from home due to the COVID-19 pandemic. Taking part in an e-mediation eliminates the need for potentially hazardous face-to-face meetings. Employers may want to avoid enclosed spaces even they are permitted to return to their offices.

Don’t Wait to Mediate

Employers can make mediation and e-mediation regular practices for resolving problems and for fostering open communication—something that would prevent disputes in the first place. Offering e-mediation would also permit employees to display their newly acquired videoconferencing skills.

At organizations concerned with retaining talent, it would seem prudent to call in a mediator to be present during large group discussions, team trainings and perhaps even sensitive presentations. The mediator can act as an interpreter, go-between and buffer, as circumstances warrant. For instance, when someone asks an uncomfortable question, the mediator can call for honest reflection. When the event goes off track, the mediator can request a reset.

Such interventions could prove especially helpful during diversity and inclusivity training sessions to ensure vulnerable employees are neither targeted nor ignored. Providing a mediator would show employees that the organization is working proactively to make the workplace safer and more welcoming.