MEDIATE: FAQ ABOUT WORKPLACE CONFLICTS
What is an ombudsperson?
An ombudsperson is a neutral and impartial facilitator who provides informal and confidential assistance to managers and employees in resolving workplace concerns. This can include counseling, informal fact-finding, mediation, strategic assessments of systemic patterns and practices that may or actually do lead to conflicts within the organization, and customized feedback specifically tailored to help improve work relationships, strengthen organizational culture, and enhance employee productivity and well-being. The ombudsperson can be an impartial manager employed by the organization or an external consultant retained on a project basis. However, in all cases, the role, function, and/or office is located outside the organizational's typical management structure. In other words, the ombudsperson does not take direction from anyone with respect to his or her duties or work. This helps to insulate the ombudsperson from conflicts of interest and power dynamics.
An ombudsperson is a neutral and impartial facilitator who provides informal and confidential assistance to managers and employees in resolving workplace concerns. This can include counseling, informal fact-finding, mediation, strategic assessments of systemic patterns and practices that may or actually do lead to conflicts within the organization, and customized feedback specifically tailored to help improve work relationships, strengthen organizational culture, and enhance employee productivity and well-being. The ombudsperson can be an impartial manager employed by the organization or an external consultant retained on a project basis. However, in all cases, the role, function, and/or office is located outside the organizational's typical management structure. In other words, the ombudsperson does not take direction from anyone with respect to his or her duties or work. This helps to insulate the ombudsperson from conflicts of interest and power dynamics.
How are you engaged by an organization to serve as ombudsperson?
Typically, an organization engages me to serve as ombudsperson after or in connection with a strategic assessment of its conflict patterns. Through the assessment I meet with many stakeholders at all levels of the organization to develop a deep understanding of key drivers and other systemic factors that influence conflicts in the organization. This approach helps me to build trust and rapport across the organization and gain valuable insights around the greater context in which individual and team conflicts may be rooted. While each engagement is unique to the organization, I usually serve as ombudsperson for a specific length of time - e.g. six months or one year. Managers and employees who experience conflicts then contact me directly as needed and our meetings can take place either on-site, off-site, or virtually. Periodically, I write and deliver reports that summarize certain findings and recommendations for the benefit of the organization. To maintain confidentiality, all parties remain anonymous and de-identified in all such reports.
Typically, an organization engages me to serve as ombudsperson after or in connection with a strategic assessment of its conflict patterns. Through the assessment I meet with many stakeholders at all levels of the organization to develop a deep understanding of key drivers and other systemic factors that influence conflicts in the organization. This approach helps me to build trust and rapport across the organization and gain valuable insights around the greater context in which individual and team conflicts may be rooted. While each engagement is unique to the organization, I usually serve as ombudsperson for a specific length of time - e.g. six months or one year. Managers and employees who experience conflicts then contact me directly as needed and our meetings can take place either on-site, off-site, or virtually. Periodically, I write and deliver reports that summarize certain findings and recommendations for the benefit of the organization. To maintain confidentiality, all parties remain anonymous and de-identified in all such reports.
What happens after I contact you as ombudsperson around a conflict situation that I'm facing at the organization?
First, we will arrange for a mutually convenient time to meet or speak over the phone. Then, after I have a general understanding of the matter, we will discuss and agree upon next steps. Often, I will suggest that all the parties meet for a joint mediation session, in which case either you or I can extend the invitation, depending on what is comfortable to you. Sometimes, I will ask to meet with you or one of more of the parties privately, before a joint mediation session. I believe it is critically important to create a transparent process at all times so that parties have confidence at every stage. In some cases it may be appropriate for us to work alone or for me to gather more information by engaging in dialogue with others in the organization. All matters are treated confidentially, see below.
What goes on at a joint mediation session and how long does it take?
A joint mediation session always begins with establishing the foundation for our working together. In this initial phase called contracting, we clarify the approach, outline the roles of participants, define our protocols and guidelines, and set the time frame. Essentially, we design a process that will serve us in resolving differences. The five phases of mediation in this approach are:
- Contracting
- Defining the Problem
- Working Through the Conflict
- Developing and Evaluating Options
- Reaching Agreement
Am I required to attend a joint mediation session?
No. Mediation is a voluntary process. It relies upon the continuing commitment of all parties to work together with the support of the mediator to reach what they perceive to be the fairest and most constructive agreement. You have complete decision making power and nothing can be imposed upon you. You or another party can leave the process at any time for any reason or no reason. Granted, I will make every effort to encourage parties to stay in the process so there is greater assurance that their interests and needs help to shape any resolution.
Usually, the parties will meet together during a joint mediation session; however, occasionally it may be helpful for me as mediator to meet with one or more parties separately in a private caucus.
Usually, the parties will meet together during a joint mediation session; however, occasionally it may be helpful for me as mediator to meet with one or more parties separately in a private caucus.
Is workplace mediation a completely confidential process?
Generally, yes. With respect to your legal rights, the laws in most jurisdictions protect the confidentiality of information disclosed through mediation, regardless of whether it relates to the workplace or commercial matters. Further, the code of ethics developed by The Ombudsman Association, an international body that accredits and sets professional standards for ombudspersons, requires strict confidentiality with the only exceptions at the sole discretion of the ombudsperson if there appears to be imminent threat of serious harm. When initiated or requested directly by you, another party, or the ombudsperson, workplace mediation can effectively address relational conflicts outside the view of human resources management.
What other services do you perform as ombudsperson?
In addition to mediating disputes and relational conflicts, I facilitate new avenues of communication among individuals and teams, provide conflict coaching and other training, and present alternatives for those who seek to bring their concerns forward safely, effectively, and confidentially.
In addition to mediating disputes and relational conflicts, I facilitate new avenues of communication among individuals and teams, provide conflict coaching and other training, and present alternatives for those who seek to bring their concerns forward safely, effectively, and confidentially.