I recently had a great conversation with Tania Waters on the Resolution Room. Tania is a conflict management specialist, accredited mediator, and conflict coach. Prior to becoming a workplace mediator, she spent years in various senior HR roles in global law firms. She now works in Western Australia as a workplace mediator (Taite Mediations).
A few reflections from that discussion:
Mediation remains underutilised in the workplace.
We both shared the view that workplace mediation is still underutilised, not just to manage conflict, but also as a potentially transformative tool. We are hopeful that this will change as organisations place greater emphasis on managing psychosocial risks, and adopt more proactive approaches within their HR toolkits.
The default to investigation
There is still a natural tendency to investigate first. While that is clearly necessary in cases of alleged misconduct, it comes with a potential price, discussed below.
The risk of escalation
If the conduct in question is unlikely to amount to misconduct - and often there is some reasonable sense of that early on - then moving straight to investigation can actually entrench positions, heighten emotions, and make resolution more difficult.
Mediation after investigation
I have mediated workplace matters where:
While those mediations have been, in the main, successful, it does raise the question: could the issue have been addressed earlier, more efficiently, and with less impact?
Perception of mediation
We discussed how mediation has, to some extent, been co-opted by the legal industry. This can lead employees to view it as overly formal or legalistic. For this reason, some organisations reframe it as a “facilitated conversation” - although, in substance, it is still mediation.
Conflict as data
One of the more interesting insights Tania shared was the notion that conflict is data.
That raises an important question for leaders:
Conflict is inevitable—and useful
Conflict is endemic in any workplace or hierarchy. It also has an upside:
It was great to speak with someone who brings both a legal and HR lens, but is now fully focused on workplace mediation.
I regularly share short insights on mediation, negotiation and all things leadership. From how to optimise success in negotiations, to the skillset required to sustain high team performance and promote resilience. I share these video reflections, drawing from my experience both as a former leader in professional services and now as a mediator and leadership coach.
"Damien is an incredible Mediator. He is experienced, is always across the brief and has a depth of legal knowledge that can assist the parties to navigate even the most complex issues to reach a resolution. Damien is my first choice for any Mediation, especially for vulnerable plaintiff’s feeling overwhelmed by the process as they are immediately comforted by his affable and empathetic nature.”
Damien was engaged as an Executive Coach in our business to navigate a half-decade of poor habits, realign our leadership team and position us for a strategic exit.Facilitating an executive workshop was instrumental in resolving internal conflicts and realigning us to a collective focus on future opportunities.
I have especially appreciated your logical and calm approach to problem solving, and I have valued your methodical and composed demeanour in tackling complex issues. You have not only equipped me with effective strategies but also instilled a sense of confidence and clarity in my own decision making processes.
