Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy
Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

AUTHOR: CHANDRIKA JOSHI


What are workplace disputes?Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

The workplace is the place where individuals, teams, and groups engage with one another while carrying out their given tasks. Everyone is working to accomplish the organizational goals and objectives, improve production efficiency and effectiveness, etc. 

Sometimes in a place where diverse minds come together, the various ways of thinking, or working styles, lead to differences between workers, employers, team members, or individuals, and such differences turn into conflicts and disagreements that negatively impact the organizational environment. That is called “Workplace Disputes”:

“It is a complex interpersonal environment where conflict inevitably occurs. When handled poorly, conflict undermines relationships, team performance, and morale”. 


Types of Workplace disputes-Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

We cannot find the specific types of workplace disputes because it varies from situation to situation. But, there are some common types of workplace disputes: -

Personality Clashes- 

When two individuals work together there may be a chance the working style differs or the way of doing a particular task is opposite from the other. This causes conflicts.

Bullying- 

One sort of harassment is bullying. Any criteria, including status, gender, race or religion, nationality, etc., may be used. For instance, when senior members abuse their power and intimidate the company's junior employees or newcomers, it negatively impacts both the development of the individual and the organization. Bullying can sometimes have a significant impact on a newcomer's performance.

Harassment- 

This is a common form of workplace dispute. Harassment includes mental or psychologically harassing, sexual harassing, harassment on the basis of gender, position, or ability, sexual orientation-based harassment ( like bisexual, asexual, homosexual, or heterosexual, etc.), seniority or junior-based harassment, etc.

Intimidation- 

Workplace intimidation is like bullying others. This makes the environment of the organization toxic which mentally forces the workers to leave the workplace.

Misunderstanding or Breakdowns in communication- 

It occurs when co-workers are not communicating with each other which leads to misunderstanding of tasks and the intention of a message to be conveyed. Generally at the workplace, they say “It’s not me, it’s you”, and that would have a negative impact on the relationship between workers. 

Conflict over roles, workloads, or pay rates- 

It reflects the conflict that arises at different levels of the organization. An increase in workload causes work stress to employees, tiredness, demotivation, lack of interest, etc. Conflict in roles or pay rates affects the performance of employees.

Competition within teams- 

Competitions can encourage teamwork and individuals until it is healthy and fair but when the competition goes unfair or monopolistic within teams would cause conflicts. 

Non-compliance with rules and policies- 

Every firm has its own set of rules or regulations that all employees, regardless of status, are expected to abide by. Any person who disregards such rules is considered to be in non-compliance and is subject to punishment. 


ADR as a mechanism in workplace dispute resolution-Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

ADR seeks to provide peaceful resolutions and a less formal setting for resolving workplace conflicts. ADR can take many different forms, including mediation, arbitration, peer review, adjudications, and ombudsman, to resolve disputes at work. 

Each style of ADR has a specific role to play in settling conflicts. It offers solutions to conflicts that are useful, adaptable, environmentally friendly, and innovative. Conflicts at work will be easier to resolve with the help of this mechanism.


Which ADR mechanisms can be used in workplace disputes-Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

Mainly 5 types of ADR can be used in workplace disputes:-

“Mediation”:- 

It is useful for those conflicts where parties want face-to-face conversation. In this mediator is an independent person who facilitates and evaluates possible solution ideas for both parties.

“Arbitration”:- 

This mode is helpful in those conflicts where two parties want binding decisions and third parties provide ultimate judgment. In this, both parties enter into an agreement that would be binding in nature.

“Peer Review”:- 

Where parties take their problems to the group of managers or leaders, and they help in resolving the disputes. Here also, a third party is involved to resolve the issues but it was not binding in nature. Those less complicated disputes can be resolved through peer review.

“Adjudication”:-  

This mode is used in financial or money-related matters. These parties tell their facts to the neutral adjudicator with the help of sending evidence like letters, reports, photos, etc. Then the adjudicator will provide decisions to their problems.

“Ombudsman”:- 

It is like an investigation process where an investigator looks into the problems of parties and concerning issues that have been handled unjustly by an organization.


Role and Benefits of Mediation in Workplace Disputes-Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy

The most popular regions for workplace mediation are the United States, Europe, a large portion of Asia, and Australia. When disputes emerge between an employer, employees, or team leaders, mediation offers neutral, safe resolutions. 

There is one case study, “Workplace conflict - If nothing changes, I am going to leave!”.

In this instance, coworkers decided to part ways if the conflict could not be resolved. They, therefore, attempted mediation, and the mediator provided them with better possibilities. 

The mediator gave them the opportunity to focus on the relationship's weak points. 

Talk about what each party's expectations are of the other. 

The mediator reached two agreements; the first was confidential and contained remorse and apologies, and the second was given to the manager and called for changing the working conditions as desired by both parties.

“Case- parties name:- Jenni and Fiona”

This case study has shown that mediation is a better option for resolving workplace conflicts because it is less expensive and time-consuming, the parties are free to select their own mediator, the decision is ultimately up to the parties, and mediators efficiently and impartially facilitate and assess conflict while maintaining confidentiality and objectivity.


Statutory Provisions-Mediation in Workplace Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Strategy