The confidentially of mediation provides a safe environment to have a frank conversation which can explain the impact of conduct, clarify misunderstanding and assumptions and discuss what needs to change. This provides a real opportunity for learning and increased understanding. It is wonderful when you see the light bulb moments happening!
One recent example was a mediation involving potential age and disability discrimination between a junior member of staff and their manager. The process allowed each to fully explain their respective viewpoints. It was clarified that there was no intention to discriminate and it was accepted that the conduct concerned was intended to be supportive. It became clear that the manager had made assumptions on how to support the individual based on their experience of dealing with similar disabilities rather than clarifying and agreeing how support should be provided to the employee individually. Essentially, it was clarified that the support that would benefit the individual was to request support as and when it was needed rather than in a way that the employee felt highlighted the disability in front of others.
Once again this highlights the danger of making assumptions and not having a necessary conversation to find out the other person’s point of view. The parties were able to resolve the issues in a very positive way and have resumed a supportive working relationship without the delay and further damage that a formal process inevitably brings with it.
