Resolving workplace disputes
The resolution of workplace disputes through mediation and conciliation has happened for a long time in various forms with varying degrees of formality. Workplace mediation has varied from the human resources department providing award interpretations to retired judges formally mediating disputes.
Under the Wok Choices regime, workplace mediation and conciliation are formally part of the dispute resolution process, and they are encouraged in preference to litigation.
Workplace mediation is a confidential process, and that confidentiality and mediation agreements are respected by the courts.
The workplace mediation process has 5 steps, and they are:
- Opening Communications
- Summarising starting positions
- Discussing positions and exploring options
- Identifying acceptable option ranges
- Negotiating an agreement
Throughout the mediation, the mediator remains impartial and concentrates on facilitating informed negotiations that usually reach an outcome that is acceptable to the parties.