Bullying and Harrassment
There is a big increase in the number of bullying and harassment claims and, as a result, in the number of mediations where bullying is an issue. Mediation is ideally placed to help parties resolve these issues and to help them to rebuild their working relationship.
Bullying and harassment can give rise to stress leading to absenteeism. The ESRI report has just been issued and has been followed by a new Code of Practice by the HSA. The Code recommends mediation as a first infromal approach to resolving the conflict. EMS has done a report on the Survey and Code and the use of mediation.
There has also been an increase in intercultural claims for bullying and harassment. Mediation of intercultural claims require special expertise.
Mediation lends itself to disputes where one of the parties claims to have been bullied.
- Confidentiality
- Firstly, confidentiality is ensured by the parties and the Mediator signing an Agreement to Mediate which contains the requirement for the parties to keep confidentiality but with permission to disclose information to preagreed named parties.
- Safe Place
- The agreement to mediate and the presence and skills of the trained professional Mediator provides the parties with a safe place to air the issues and their real concerns and helps them to find a way forward. It also allays fears of subsequent victimisation. The parties are able to communicate with each other and are enabled by the process to build their own agreement for going forward.
- Equalises power imbalances
- One of the roles of the Mediator is to equalise power imbalances thereby enabling each party to speak freely without fear of the consequences.
- Ongoing relationship
- Because the parties have devised their own agreement on how to work together in the future it is much more likely to work successfully over a sustained period than if a decisoin is handed down by someone else.
- Post mediation service
- EMS provides a service after mediation to ease the parties back to a restoration of their relationship and to help with any post mediation difficulties.
- Expertise
- EMS have carried out many mediations where bullying and harassment have been issues and where performance related issues have been raised and we have a real expertise in and understanding of this type of mediation.
Types of Disputes
- Bullying; harassment; sexual harassment
- Health and safety issues
- Restructuring
- Changes in job description
- Dismissal
- Return to work; illness; absence from work
- Pensions
- Union issues
- HR department issues
- Return to work
- Disability
- Discrimination