Resolving Workplace Conflicts Through Mediation - Best Practices for Kenyan Businesses
Workplace conflict is inevitable, but unresolved disputes can lead to decreased productivity, higher employee turnover, and even litigation expenses. Kenyan businesses and organizations are increasingly embracing mediation as an effective way to resolve workplace conflicts before they escalate.
What is Workplace Mediation?
Mediation is a confidential process facilitated by a neutral third party to help disputing parties communicate openly, identify issues, and come to a mutual agreement. Unlike litigation which imposes binding decisions, mediation empowers parties to voluntarily reach their own settlement.
The mediation process begins with an opening statement by the mediator explaining the guidelines. Then each party describes their perspective of the dispute. Through joint sessions and private caucuses with the mediator, common interests are identified and options proposed. The mediator guides the dialog but does not dictate outcomes. Resolution is reached when the parties consent to a mutual agreement.
7 Benefits of Workplace Mediation
Speed: Mediation can resolve disputes in just a few sessions, unlike drawn-out litigation processes. Quick resolution minimizes disruption to workplace productivity.
Cost-effectiveness: Mediation fees are minimal compared to the expense of litigation. There are also no court costs.
Creative solutions: The parties work together to reach a win-win solution not limited by judicial outcomes.
Improved work relationships: Mediation increases understanding between parties and lays the foundation for better working relationships.
Confidential: As a private process, mediation results and discussions cannot be used for subsequent legal proceedings.
Voluntary participation: Parties must consent to participate and retain right of self-determination.
High compliance: As a mutually agreed solution, both parties are invested in adhering to the settlement terms.
Best Practices for Businesses
Create organisational policies for conflict management including mediation procedures.
Select accredited mediators familiar with employment disputes and organisational culture.
Make mediation facilities available on-site for easy access.
Refer disputes to mediation as early intervention before positions harden.
Participate in good faith and remain open to understanding other perspectives.
Provide management training in collaborative conflict resolution approaches.
With proper policies and procedures in place, mediation can transform workplace conflicts from liabilities into opportunities for growth. Kenyan businesses that embrace mediation position themselves for improved employee relations, productivity, and long-term success.