Disputes in the workplace can take shape in a variety of forms from basic staff concerns, to inappropriate behaviour and workplace bullying & harassment. Disputes and other workplace incidents not dealt with can place a workplace at risk of the matter further escalating or creating a negative undertow for a long period of time. Addressing workplace disputes early will help create a cohesive and productive workplace, allowing everyone to get on with what they do best.
Maxwell Parker Dispute Resolution specialise in helping workplaces deal with disputes in a private and confidential setting; in a way that allows all participants to have a voice, be heard, listen to other's point of view and speak openly and safely about their concerns.
ABOUT WORKPLACE MEDIATION
Workplace Mediation is a voluntary process in which a business engages an external professional to assist with an internal dispute or issue. The use of an independent, external mediator assists the people and management involved to participate in a private and confidential process designed to help bring resolution to a workplace dispute or conflict.
Mediations provide a supportive and structured process designed to:
Assist parties work through their concerns
in a safe and confidential manner,
Exchange information and views to gain a better
understanding of the other party's view,
Identify, clarify, and explore the core issues and
Consider and evaluate options, and
Reach an agreement (if possible) or
make your own decisions on a way forward.
ENGAGING MAXWELL PARKER DISPUTE RESOLUTION
Workplace mediations are NOT a disciplinary process and shouldn't be perceived as such.
Employers, management and business owners can engage us to assist with an internal dispute or staff matter. Engaging an external mediator allows a degree of separation of the owner/management which can assist to promote open and frank discussions. Likewise, employees may request of their employers for mediation to assist dealing with matters within the workplace, for the same reasons.
Workplace mediations are conducted in a private and confidential manner (on a 'without prejudice' basis) to promote open dialogue and good faith discussions in an attempt to resolve the issues or concerns at play.
Simple, easy to understand Agreements are signed by the participants prior to mediation. The Agreement covers off on confidentiality, general rules and expectations of the mediation, the voluntary process, and the self-determination nature of mediation.
Unlike other forms of mediation, where the cost is typically shared 50/50, workplace mediation costs are generally met by the employer.
It is common for employees to ask if they can bring along a support person to mediation. Generally, a support person is allowable as a matter of procedural fairness when the issue at hand is disciplinary in nature. However, a mediation is NOT a disciplinary process, rather a voluntary and informal process designed to help workers and management work through 'low level' conflict with a goal to promote stronger ongoing relationships.
Generally speaking, a support person is not required for workplace mediations and the role of the mediator will include supporting all parties throughout the process. Should a support person be requested, it is important their role is clearly defined and agreed upon prior to mediation.
Maxwell Parker Dispute Resolution provides customised mediation solutions to every situation. Given the variety of matters experienced in the workplace, we do not adopt a "one size fits all" approach to workplace mediation.
It is important that the workplace mediation and approach is shaped to the specific type of dispute or conflict, as well as to the persons involved. This flexible approach allows us to deliver a solution that best fits your workplace and staff.
Workplace mediations require specific consideration by the workplace/business owner (the person engaging us) as to the outcome and confidentiality of any agreement. Some employers may require a high level update as to the outcome, where others will be satisfied to know mediation has simply occurred. The feedback loop is specifically addressed by us at engagement and any agreements are documented and agreed on by the participants. Agreeing on this aspect upfront will avoid any issues down the track.
WORKPLACE MEDIATION ENQUIRIES
If you have any questions relating to workplace mediations, or if you are unsure if mediation is what you need, please give us a call.
Matthew Maxwell, Principal of Maxwell Parker Dispute Resolution, can assist you in considering the effectiveness of mediation in dealing with your current situation. We can help by ensuring our involvement is as flexible, casual or structured as you need.
Fees start at $250/hr and are based on a 'per hour' rate to help deal with matters in as brief period as possible. We do not charge a minimum period such as 'half-day'. If our involvement is required on an ongoing basis, our transparent hourly fee structure allows you to consider budget impacts and/or conduct a cost/benefit analysis.