Mediation and Dispute Resolution
Workplace conflicts can be complex and harmful, affecting not only relationships but also the overall culture, productivity, and reputation of an organisation. Left unresolved, these conflicts can lead to decreased productivity, increased absenteeism, employee turnover, workers’ compensation claims, and lasting damage to your brand and workplace environment.
Alternative dispute resolution methods, such as mediation, offer effective solutions that help employers meet their obligations to provide a safe, respectful, and harassment-free workplace. These approaches are crucial in preventing issues like bullying, discrimination, and psychosocial hazards, while fostering a healthier, more productive work environment.
IRiQ Law | Accredited Mediator
Kirsty Augustine brings over 28 years of HR and industrial relations expertise across diverse industries, making her a highly regarded leader in workplace relations.
Her extensive experience in managing conflict between employees, managers, unions, and contractors has resulted in numerous successful outcomes through effective mediation and dispute resolution.
As an accredited mediator, Kirsty holds formal recognition of her expertise in mediation and her ability to resolve complex interpersonal conflicts.
Kirsty specialises in facilitating structured discussions, enabling parties to reach mutual agreements while ensuring confidentiality and fairness. Her mediation services help businesses maintain a safe and productive workplace, addressing issues such as interpersonal conflicts, bullying, harassment, discrimination, and more.
By promoting open communication and creative problem-solving, Kirsty guides parties towards resolution, preventing the negative impacts that unresolved disputes can have on workplace culture, productivity, and reputation.
With her mediation accreditation, Kirsty continues to provide invaluable support to employers, helping them navigate challenging disputes and promoting a harmonious work environment.
| Types of Alternative Dispute Resolution
Mediation
Mediation is a structured process where a neutral third party, known as the Mediator, assists individuals or groups in conflict to negotiate a mutually acceptable agreement. Unlike other forms of dispute resolution, mediation empowers the parties involved to control the outcome, with the mediator acting as a facilitator rather than a decision-maker.
The mediator’s role is to foster open communication, promote understanding, and guide participants in identifying their needs and interests. Through creative problem-solving techniques, the mediator helps the parties reach their own solutions. The mediator does not provide advice or training but ensures that the conversation remains focused and productive.
The mediation process is completely confidential, ensuring that participants can speak freely without concern that sensitive information will be shared outside the session.
Confidentiality is maintained unless otherwise agreed upon by all parties involved. Mediation requires the willingness of both participants to engage in the process and is best suited for situations where open dialogue can lead to resolution.
Facilitated Discussion
A facilitated discussion follows a similar structure as a mediation process; however, a mediation is a conversation that is directed by the needs of each of the participants or the parties, whereas the direction of a facilitated discussion is guided by the facilitator.
A facilitated discussion will be directed in alignment with the background information that has been provided by a referrer. A referrer is usually an employer representative (i.e. Human Resources or direct line manager), insurance provider, or other industry body.
Any discussion or meeting is typically more productive when directed – with a clear agenda and expected outcomes. Unstructured and unresolved meetings can become repetitive, with the potential to create more tension each time a discussion or meeting is revisited. As you can imagine, this protracted process can become very draining for all involved. To this end, a facilitated discussion is most often focused on reaching specific, targeted outcomes as directed by the referrer.
Facilitated discussions can be used where there are reluctant parties and/or there is an urgent need for intervention.
High level summaries of facilitated discussions may be reported back to the organiser e.g. HR/Management with the consent of the parties. Disputes can arise at any stage of the employment relationship, whether in relation to matters arising under an Award or EA, proposed management action or the exercise of privileges such as ‘right of entry’.
Conflict Coaching
Conflict coaching is a one-on-one process designed to assist individuals in managing and resolving workplace conflicts effectively. While mediation and facilitated discussions involve multiple parties, conflict coaching focuses on empowering a single individual to navigate conflict situations with confidence and clarity.
The coaching process is tailored to the individual’s needs and background information, often provided by a referrer such as HR, a direct manager, or another industry professional.
Conflict coaching helps identify the root causes of the conflict, develop effective communication strategies, and explore practical solutions for resolution.
Through structured conversations, conflict coaching aims to build the individual’s conflict resolution skills, enabling them to handle current and future disputes in a constructive and productive manner. The process is highly adaptable and can be particularly beneficial when one party is reluctant to engage in direct mediation or when there is a need to address sensitive issues privately.
High-level summaries of the coaching process may be shared with referrers, such as HR or management, with the individual’s consent, ensuring transparency and alignment with organisational goals.
Struggling with workplace conflicts?
Alternative dispute resolution, like mediation, can be a less confrontational approach to resolving issues. Contact IRiQ Law for expert mediation support and guidance to foster a safer and more harmonious workplace.
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