英语论文网

options possible suggestions were made on how to resolve matters. This included involvement of Human Resources in monthly performance meetings for a period of six months. This option was agreed and that both employees would work to solve matters between them.

In reaching agreement it was decided that there would be no written agreement but a verbal one. This was to maintain an on-going ‘off the employee record’ relationship. The closing ceremony thanked both employees for participation and hopes were expressed for of non-recurrence of any verbal altercations. Both employees were reminded about confidentiality and the processes was closed.

The following goals were successfully achieved during this mediation:

Reduced the impact of the conflict zone between the parties.

Focused on areas where change was possible i.e. behaviour and performance.

By asking reflective questions and having both parties ponder the implications of not finding a solution it became apparent to them that there was a need for an on-going work relationship and improvement.

Achieved measurable outcomes with an agreed monthly review meeting.

There were also some aspects of the mediation that could have been dealt with better. Early in the mediation the level of conflict between the parties was quite intense. Initially there was more shock than listening. In hindsight it would have been better to allow this argument to continue rather than interrupting to diffuse matters. Once the intervention was made by the mediator both parties were asked and told their stories leading to clarifying what their needs were and what they expected from each other. Dialogue was then established and they agreed to move matters on.

Conclusion

The issues in respect of mediation and its challenges are numerous and complex. It

would be a mistake for a mediator to assume that all mediations are capable of being approached in the same way. Different models and approaches should be deployed to help the participants achieve the best outcome. ‘Mediation does not create a new world; it can only attempt to use the best possible strategies to arrange existing building blocks into an acceptable structure for all concerned’ (Stewart, 1998).

In terms of overcoming participant concerns with the mediation process, while there is “no right way” to mediate, there are key mediator skills mediator are essential. Compassion, patience and empathy are mediator traits visible to the participants. But mediators being human should also accept that natural attributes of being confused, voyeuristic (in a nice way), compulsive and marginal can be harnessed to good effect.

While mediation assists the decision making process to achieve a ‘wise outcome’, it does not lead to a perfect outcome but hopefully one that the participants can live with and preserves their relationship. As a process it is largely a balancing act (of participants need and interests). Indeed Kenny Rogers could just as easily have been singing about the mediation process in his song The Gambler:

You got to know when to hold ’em, know when to fold ’em,

Know when to walk away and know when to run.

You never count your money when you’re sittin’ at the table.

There’ll be time enough for countin’ when t