Workplace Bullying To Mediate or Not Now thats a Good Question

1
Workplace BullyingTo Mediate or NotNow thats a
Good Question
September 2008
Leah McLay (Practice Leader) Lyn Lockhart
(Mediator)
2
Power imbalances in mediating workplace bullying

• How effective can mediation be when there is a
  perpetrator and a victim?
• To what extent does mediation reinforce existing
  power imbalances?

3
Public Interest

• What does our neutrality actually convey to the
  parties in mediation?
• Does confidentiality get in the way of society
  sanctions and organisational learning?

4
Tools, Techniques and Impact

• What do we do if a favourite old tool becomes a
  blunt and potentially dangerous instrument?

5
Old Perennials

• It takes two to tango.
• Its a communication problem.

6
What if

• you are of the view that the mediation is not
  appropriate but it has to go ahead anyway?
• a party or representative demonstrates bullying
  behaviour during the mediation?
• part way through the process it turns to
  custard?

7
Knowledge and skills for a mediator mediating
workplace bullying claims

• Knowledge and understanding of workplace bullying
• Ability to look behind the presentation and peel
  back the layers of behaviour
• Strong self reflection skills
• Analytical and assessment skills
• Understanding and advanced recognition of
  paralanguage (particularly non-verbal)

8
What does the process need to look like?

• Voluntary participation and consent
• Significant pre-mediation time
• Thorough conflict diagnosis
• Preparedness to terminate at any point during the
  process