Workplace Mediation, Conflict, Grievances & Dispute Resolution
Craig McFadden is an experienced workplace relations specialist and a Nationally Accredited Workplace Mediator, with experience in conducting:
- independent investigations
- cultural reviews
- mediation
Craig came in as an independent person to resolve a bullying complaint. He was measured, fair and practical in his approach. He spoke to both sides, was able to clarify roles and responsibilities each party had and contributed to the situation. He has a nice way with people, put them at their ease and we had a successful outcome. Medical Practice Owner
While a certain level of conflict can often be healthy, conflict that is not managed well, often results in negative behaviour, loss of productivity, high turnover and workplace complaints. Savvy Human Resources can assist your organisation in resolving workplace conflict, workplace grievances, employee disputes or any other aspects of such tensions within the workplace.
Our Workplace Mediation services are for employers seeking an independent and impartial third party, to facilitate effective open discussion in order to diffuse situations and resolve complex problems. All employees involved in the conflict are able to speak openly with an independent and objective workplace mediator who will guide them through the process, allowing for the identification of key issues and generation of options to reach negotiation and agreement.
The assistance of a neutral, skilled and accredited third-party workplace mediator is an effective tool for organisations experiencing workplace conflict. Some courts and tribunals may ask you to try mediation as a first step for resolving complaints and disputes. Savvy’s trauma informed approach to workplace investigation and workplace mediation processes will assist employers to manage the risks of psychosocial hazards that might arise for participants that have experienced trauma. You can read more about our trauma nformed approach here.
What is Workplace Mediation?
Mediation is a confidential and structured negotiation process, used to assist the parties to identify and assess options and negotiate an agreement to resolve their dispute. Resolving the underlying issues allows organisations to mitigate the effects of workplace disputes and foster positive employee relations.
Mediation is an alternative to a judge, Commissioner or tribunal imposing a decision on the parties.
“Mediation is very much about helping people have a conversation they’ve just not been able to have because it’s too difficult, too emotional and would get completely out of control.”
When should I consider mediation?
If the negotiation involves workplace conflict, the earlier you consider mediation, the higher the likelihood you are to succeed in resolving your workplace dispute. Whether you are in the early process of negotiation or have already commenced proceedings in the Fair Work Commission, the benefits of mediation as an alternative dispute resolution method should be given serious consideration. If you and your employee, co-workers or business partner, cannot come to an agreement on some issues, mediation should be considered as a next step.
What does a mediator do?
A mediator is essentially tasked to facilitate a negotiated outcome that is satisfactory to both participating parties. There may be a cross-over with mediators also being employee relations specialists or workplace investigators, and they may use this knowledge to guide discussions, however mediators do not provide legal advice.
Our Savvy workplace mediators will help both parties tell their side of the story. The workplace mediator will also help the parties to:
- work out what issues are important to them and why
- find areas of agreement and common ground
- work out how an agreement can be reached.
The mediator will not:
- tell you what agreement you should make
- make a decision for you
- decide who is right or wrong
- give you legal advice.
Is mediation confidential?
A Nationally Accredited Mediator will typically keep all mediation confidential. There are exceptions to this rule, such as where you have provided consent, or in circumstances where disclosure is necessary (such as to prevent a serious threat to someone’s well-being, or criminal activity). As part of the process, you can otherwise let the mediator know what information you wish for them to keep private from the other party.
How much does mediation cost?
As Nationally Accredited mediators, we start with an intake session with all parties prior to the mediation by phone or video conference. This allows us to be best prepared and understand each parties’ individual concerns before we begin. Please note, most parties agree to divide the costs of mediation and pay equally.
How do I prepare for mediation?
You can improve the quality of your mediation by considering:
- what issues are in dispute, including the facts and sources of conflict
- what is important to you in any resolution of your dispute - the interests that you wish to preserve or pursue may be different to an outcome sought through a trial or hearing
- how best to communicate this information, both to the mediator and the other party
- what you would say at the start of the mediation, to assist in resolving the dispute
- what the other party's aspirations might be and how these might be accommodated
- the possible outcomes if the matter were to proceed to a hearing or trial, including the dollar value of any damages claimed and any limits on the Commission, Tribunal or Court to award these
Source: The Federal Court of Australia
Savvy HR and a Trauma-Informed Approach to Workplace Mediation
Not every person who experiences a distressing event will experience trauma, however trauma can arise from incidents such as workplace accidents, workplace violence, workplace bullying, and sexual harassment or assault.
A trauma Informed approach will reduce the chances of re-traumatising or triggering the parties and means the mediator or investigator is:
- able to identify trauma, and;
- acknowledges that those involved in the investigation or mediation process may be experiencing trauma unrelated to the present matter.
A trauma Informed approach will assist in recognising the signs of trauma and is particularly relevant when conducting interviews as the Investigator or Mediator must be mindful of the effects that trauma has on a participant’s memory and their ability to participate in the interview process. A trauma Informed approach will assist in asking more productive questions to obtain the maximum amount of information without causing unnecessary stress.
Savvy’s trauma informed approach to workplace investigation and workplace mediation processes will assist employers to manage the risks of psychosocial hazards that might arise for participants that have experienced trauma.
Licenses & certifications
Craig McFadden is accredited as a Nationally Accredited Mediator Ref No. 111-6558
Issuing authority Mediator Standards Board - Australian National Meditator Standards (The only authoritative list of mediators accredited under the NMAS).
Recognised Mediator Accreditation Body - Dispute Resolution Branch – Department of Justice and Attorney General QLD
Savvy Human Resources Consultants offers workplace mediation services in Brisbane, Ballina and Coffs Harbour. Our Workplace Mediation services are for employers seeking an independent and impartial third party, to facilitate effective open discussion in order to diffuse situations and resolve complex problems.
Mediation Testimonials
I wanted to thank you personally for the (mediation) session you ran yesterday. I found it to be a valuable session that allowed us to work through the issues and come up with a plan to allow us to work effectively for the betterment of our team moving forward. Initially, I was a little apprehensive of how this would go, however, the session exceeded my expectations and I believe we reached a positive outcome as a result of the mediation you ran. (Asset Services)
I just wanted to say- thank you for facilitating the mediation, thank you for the frankness and honesty - and for helping us to find middle ground. I felt comfortable with you, and I feel comfortable with the agreement too. I appreciate your candour and acceptance.