What are the common challenges and pitfalls of mediation for employees?

2 Power imbalance

Another challenge of mediation is to deal with power imbalances between the parties. Employees may feel intimidated, coerced, or pressured by their employer, especially if they are facing disciplinary or grievance issues, or if they have a lower status or less resources. This can affect their confidence, autonomy, and ability to express their needs and interests. To overcome this challenge, employees should prepare well for the mediation, by gathering evidence, seeking advice, and setting their goals and boundaries. They should also use the mediator as a facilitator and an ally, who can help them balance the power dynamics and assert their rights.

3 Emotional stress

A third challenge of mediation is to cope with emotional stress that may arise from the conflict and the process. Employees may feel angry, hurt, frustrated, or anxious, which can cloud their judgment, impair their communication, and trigger defensive or aggressive reactions. This can escalate the conflict and damage the relationship, and prevent them from finding a constructive and cooperative solution. To overcome this challenge, employees should try to manage their emotions, by acknowledging them, expressing them respectfully, and seeking support if needed. They should also focus on the future, rather than the past, and on the interests, rather than the positions, of both parties.

4 Unrealistic expectations

A fourth challenge of mediation is to avoid unrealistic expectations that may lead to disappointment or impasse. Employees may have high hopes or demands that are not feasible, fair, or acceptable to the other party. They may also expect the mediator to take sides, give advice, or impose a solution. This can create misunderstandings, conflicts, and resentment, and undermine the credibility and effectiveness of the mediation. To overcome this challenge, employees should be realistic, flexible, and open-minded, by researching the legal and practical aspects of their case, exploring different options and alternatives, and listening to the other party's perspective and needs.

5 Lack of follow-up

A final challenge of mediation is to ensure that the outcome is followed up and implemented. Employees may face difficulties or delays in finalizing, documenting, or enforcing the agreement reached in the mediation. They may also encounter new issues or conflicts that may jeopardize the agreement or the relationship. This can result in frustration, dissatisfaction, or litigation, and waste the efforts and benefits of the mediation. To overcome this challenge, employees should seek clarity, confirmation, and commitment from the other party and the mediator, by writing down the terms and conditions of the agreement, signing it, and reviewing it regularly. They should also maintain a positive and respectful relationship with the other party, and seek further assistance or mediation if needed.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?