Conciliation is an alternative dispute resolution method that, unlike litigation, aims to produce a win/win outcome. An independent impartial third party facilitates an agreement between disputing parties.
Conciliation empowers disputing parties as the conciliator does not give advice - they help the parties to work towards their own resolution. In line with dignity at work policies and recent employment legislation organisations are writing conciliation into their grievance procedures.
UNITE provides a workplace and health conciliation service on request. Contact us to find out how we can help with individual disputes or with general issues around introducing conciliation into your organisation.
The terms workplace mediation and conciliation are used interchangeably here.
If conflict occurs in the workplace there can be disruptive consequences.
Potential costs of workplace conflict include: · Decreased motivation within the organisation · Reduced output · Problems in recruiting staff · Poor workplace morale · Damage to the reputation of the organisation · Possible costs associated with legal action · Financial implications · Health issues affecting attendance and performance
Relationship breakdown among colleagues in a workplace affects how colleagues work alongside one another and therefore affects the results they achieve in their work. People in workplaces, whether they are management, team leaders or team members have feelings of disorientation, distress and disconnection from colleagues. Often those outside the parties in conflict will be affected by the dispute. Workplace conciliators can help by working with the parties to address the facts and feelings behind the conflict, explore the options for the future and helping the parties to come to a workable joint agreement about the future. The conciliation service UNITE provides in workplace disputes has an over 90% success rate where cases have proceeded to a joint meeting and resulted in a positive outcome for all parties involved in the case.
The following situations can arise within the workplace and conciliation is appropriate as a form of alternative dispute resolution (ADR) · Management issues · Dysfunctional teams · Formal discipline · Client/customer complaints · Organisational change · Staff morale issues · Conflict with outside agencies · Amalgamation of teams · Bullying and harrassment · Supervisor/employee issues · Business partner disputes · Co-worker disputes · Period of change · Personality clashes
Conciliation is carried out in three main stages: STAGE 1 Introductory telephone reception interview where the conciliators will introduce themselves and the mediation process to the parties. STAGE 2 Individual case visits where the parties will describe what has happened, how they are feeling and how they can move forward. The conciliator will talk to the parties about how the process can help them and will assess whether the case can be conciliated. STAGE 3 The joint meeting takes place in a neutral venue. A set of meeting guidelines are sent to the parties in advance. The guidelines cover health and safety, confidentiality and include a request that the parties listen to each other, show respect and are open. The conciliators control the meeting but the participants control the agreement. All the parties have a chance to speak and interact to move towards discussing options and finally formulating a mutually acceptable agreement.
The conciliators do not offer advice but will check that the agreement is workable. During the process the conciliator may ask for specialist/expert advice from a designated third party to ensure the agreement the parties reach is feasible in practice.
