Conflict Resolution and Mediation

Alternative Dispute Resolution (ADR)

Conflict and conflict resolution is a normal and natural part of our workplace and personal lives. People tend to fear conflict and try and avoid it at all costs however conflict in the right setting and managed in the right way, can be beneficial to a business as it can helps raise awareness of the need for change and helps avoid complacency. There are two types of workplace conflict:

1. People's ideas, decisions or actions relating directly to the job are in opposition. - This type of conflict can be very productive if parties are willing to brainstorm to reach a compromise solution.
2. Two people just don't get along. (personality clash) - This type of conflict is rarely very positive and can have a very negative impact on the business. If not managed correctly it can lead to poor performance and costly payouts resulting from stress, constructive dismissal or bullying and harassment claims.

Communication is both the cause of and the remedy for conflict. However sometimes it can be very difficult for two parties in a conflict to communicate particularly if there is a fear of litigation and this makes it very difficult for their manager to get them involved in conflict resolution. 

Alternative Dispute Resolution (ADR) provides an informal and non-adversarial method of conflict resolution. More and more business are turning to ADR as a flexible, cost effective and timely means of resolving workplace conflict. ADR offers employers problem-solving methods which are tailored to their business and to specific circumstances. Its status has been recognised by the law reform commission who published a consultation paper in 2008 advocating ADR as a primary means of dispute resolution with the court system remaining as a last resort. The most common ADR technique is mediation,

What is Mediation?

Work place mediation occurs where the parties involved in a dispute agree to use an independent third party to help resolve any differences through a mutually agreed solution. It provides an independent, informal and confidential space for both parties to engage outside the normal work environment and to hear the complaints/concerns that are being made against them. Workplace Mediation can be used to resolve disputes / conflict involving individuals or small groups of workers and disputes / conflict between these groups and their Employer. Examples of issues would be:

• Interpersonal problems - bullying/harassment, interpersonal conflict, difficulties in working together
• Difficulties in working relationships.
• Issues developing from grievance and disciplinary procedures (particularly prior to the use of the formal disciplinary process)
• Industrial Relations issues which have not been the subject of a referral to the Rights Commissioner or Conciliation Service's, the Labour Court or other formal dispute resolution body.

Mediation Process

Workplace Mediation is a flexible process and can be adapted depending on the issue and the parties involved. However it generally consists of a series of pre-mediation meetings where the mediator meets with the parties separately to explain the process and get an overview of the issues. This will then be followed by a joint-session(s) where the mediator facilitates the parties in discussing their issues and reaching a workable and mutually agreeable solution. The core aspects of a good mediation process are that its voluntary, confidential, solution focussed and provides a timely and impartial solution to workplace disputes/conflict.

Benefits of Mediation

Mediation offers a variety of benefits when it comes to resolving workplace disputes / conflict. These include:

• Cost efficient alternative to court case.
• Informal, non-adversarial and flexible solutions.
• Convenient and faster for both parties
• Resolution of the issue remains in the control of the parties directly concerned.
• As parties are involved in the development of the solution, mediation facilitates better, longer lasting solutions and working relationships.

Resolve HR has considerable practical experience and training in Mediation and Conflict resolution in both an Irish and International context. Enda Mc Guane is a Certified Member of the Mediators Institute of Ireland and has practised mediation and  conflict reolution across the Public and Private sectors in both unionised and non-unionised organisations. In addition to Conflict Resolution and Mediation Resolve HR also provide a range of formal and informal dispute investigation services. For more information please  CONTACT US