Resolve disputes at work smoothly and effectively with labour mediation

Labour mediation is an attractive alternative in (impending) labour disputes instead of eventually going to court. The great advantage of labour mediation is a relatively quick outcome after one or a few talks brought about by the most knowledgeable people: the parties themselves. And at considerably lower costs. This is possible under the guidance of an independent and certified mediator who is completely independent and impartial.

Mediation became of great interest to lawyers in the 1990s. Not surprising with this profession that is professionally trained and involved in conflict resolution like no other. Yet 25 years later, it is anything but natural for employers and employees to take the initiative to engage in mediation discussions, other than in situations where conflicts have gotten so out of hand that one or both parties have little or no desire for continued employment. This while mediation is an excellent way to clear the air and prevent worse at an early stage of conflicts in the workplace.

In these situations, employment mediation offers a solution

Labour disputes within organisations can manifest themselves, for example, in the form of:

• Complaints from employees or customers

• Unhealthy competition between employees or departments to the detriment of production

• Failing to honour agreements

• Acting inefficiently

• Coming late

• Refusal to cooperate with colleagues or other departments

• Low energy level employees

• Withholding knowledge and information

• Gossip culture

These can be expressions of dissatisfaction and mutual distrust resulting from hidden or overt industrial disputes within a company.

Labour mediation as a preventive tool against non-productive situations at work

CEOs, HR managers, executives and business owners are familiar with the serious impact of industrial action on the working atmosphere, employee health, the production process and the company's bottom line.

They also know very well that ignoring the first signs of this in most cases results in the situation escalating. Hiring a lawyer and going to court still sometimes leads to high costs and a lot of wasted time and energy with the risks of an uncertain outcome that you put in the hands of someone else, often for a long time - think appeal.

Preconditions for using employment mediation

The most important prerequisite for engaging in labour mediation is not to view labour conflict as a negative phenomenon a priori, but as a reality for which there is no need to assign blame. Having a difference of opinion - the initial stage of a conflict - is the order of the day and therefore perfectly normal. After all, we constantly differ when it comes to what we perceive, think, imagine, our feelings and in what we want. This is perceived as a problem when we perceive another person's behaviour, expressions or attitudes as hindering the achievement of our own ideas or goals. A prerequisite for successful employment mediation is the willingness to search together for a constructive way of dealing with conflicts in which all parties involved are respected.

The benefits of using labour mediation preventively

With preventive labour mediation, you prevent a serious disagreement from developing into a serious conflict and then escalating further. Moreover, in an incipient labour conflict, people are still a lot more capable of having a constructive conversation and misunderstandings have not yet led to building an unshakeable enemy image of the other person, for example.

Equally important, organisations that offer labour mediation on a structural basis as a preventive tool at an early stage of industrial disputes thereby convey that they are striving for fruitful communication between employees and thus a good working atmosphere. Offering workplace mediation when tensions begin in the workplace is a vote of confidence in the employees' ability to take responsibility themselves in resolving their conflicts. This will be felt and appreciated throughout the organisation.

Learn more about employment mediation

Would you like more information on what labour mediation can achieve within your organisation? Or would you like to present us with a situation that might be addressed and resolved through labour mediation? Feel free to contact us for an informal and exploratory discussion. Tell us what is going on and we will ask you insightful questions and come up with surprising angles. Call +31 85 020 10 10 and ask for lawyer and certified employment mediator Mr Marco Swart.