The conflict resolution method ensures a win-win situation. PHOTO | FOTOSEARCH
The Bible says “Blessed are the peace makers for they shall be
called the children of God.” I would like to start a series on the
concept of dispute resolution known as mediation.
Mediation
is a tool that is used to resolve diverse disputes from interpersonal,
organisational and even marital. There is no limit to the type of
dispute that mediation can be applied to.
The basic
rules of mediation are the same and that is, finding a win-win solution
for the disputants and trying to find a common workable ground for the
disputants.
The Kenyan dispute resolution system has
largely been an adversarial one, whereby one party wins and the other
loses or at times, both parties lose.
The adversarial
system is very much goal-oriented and the core issue in such a system is
achievement of goals rather than preservation of a relationship.
Many
times after an adversarial process, parties are not able to maintain a
healthy relationship. Mediation on the other hand, focuses on
preservation of a relationship whereby parties are encouraged to
compromise a few goals for the sake of preserving a relationship.
The
Kenyan Judicial system has now embraced mediation as a dispute
resolution tool for deserving cases whereby court appointed mediators
come into the conflict and help parties reach a settlement.
Mediation has many advantages over the adversarial process the
chief being its focus on a win- win solution. It is cheaper than
litigation and faster.
Depending on the nature of
conflict it takes a few days to resolve a conflict through mediation
while litigation may take years. It is not technical unlike arbitration
and litigation…simply put there is not much legal jargon and rules to
follow in a mediation process.
When it comes to
managing work place conflict, I encourage organisations to use mediation
to prevent and handle any disputes between staff and employers. Every
organisation should have a conflict resolution policy.
According
to experts unresolved workplace conflict accounts for a large
percentage of reducible costs. Lack of proper conflict resolution
reduces morale of staff hence reducing performance.
It
also creates the risk of employee sabotage by disgruntled staff. It
leads to high staff turnover, replacement costs and a tarnished image
for the organisation.
I know of several companies that
have a bad public image due to how they handle employees. It increases
the risk of litigation through labour cases and can even lead to the
organisation crumbling due to strikes and sabotage by workers.
Yet
all these can be avoided if you have a good conflict resolution policy
where mediation is used to handle staff grievances. I have handled
several labour matters on behalf of employees and where high awards have
been made.
The cost of bearing such an award has been
on the organisation, yet all these could have been avoided if the
organisation had used mediation. Remember that conflict is costly and
should be well managed if not prevented.
No comments :
Post a Comment