Navigating Complex Dynamics: Workplace Mediation with Pauline Courtney FAMINZ (Med)
AMINZ Wellington Network Convenor and Commercial Mediator, Pauline Courtney will be sharing her expertise on workplace mediation at our November Tāmaki Makaurau Network Meeting. In this interview, Pauline gives us an insight into workplace mediation ahead of the Network Meeting: the types of disputes that are well-suited to mediation, as well as situations where other approaches may be more appropriate, the benefits of mediation for workplace disputes, what HR professionals can do to help with mediation, and how you can access mediation in Aotearoa New Zealand.
Kia ora Pauline, let’s start with your own background in mediation. When did you begin your career in mediation and what drew you to it?
I initially trained and practised in commercial, workplace and community mediation while living in England; and I have further developed my knowledge and experience since returning to live in New Zealand. To me mediation skills are life skills – there are so many ways they can effectively be used: from dealing informally with conflict, negotiating acceptable outcomes in both personal and professional settings, as well as using them formally to facilitate resolving disputes. The flexibility mediation offers appeals to me, with people being in control of the outcome themselves based on their needs and interests, rather than having something imposed upon them.
One of my most memorable workplace mediations involved co-mediating a dispute involving a team of 20 nurses in a Child Cancer Ward in a busy hospital. This mediation gave me insight into the unique pressures faced by healthcare teams, highlighting the importance of flexible, empathetic approaches in emotionally demanding workplaces.
The emotional consequences of working with severely ill children, which might not have a positive outcome, provided a challenging backdrop. Through a series of joint and individual meetings they reached agreement on how they wanted to work as a team; and what process they would use to create the space and conditions in which individually and collectively they could raise and deal with any issues arising in the future in a timely way.
The agreement also provided for accommodating and onboarding new recruits as, like any team, the personnel were expected to change over time, but the agreement was intended to be enduring.
What types of workplace disputes are suitable for mediation?
Mediation is a process where a neutral third party helps people in conflict negotiate a solution that works for everyone. If the parties agree to enter into and sign a settlement agreement, that can be legally binding, and enforceable.
Under the Employment Relations Act 2000, a variety of disputes are suitable for mediation including:
How an individual or collective employment agreement is interpreted, applied, or operated. This might arise from a disagreement on the meaning of a redundancy clause, conflict over whether an employee is entitled to a specific allowance, or arguments about rostering changes under a collective agreement.
A personal grievance may involve a claim an employee has suffered unjustified dismissal; an unjustified disadvantage (e.g., if they believe they have unfairly been given a formal warning); discrimination (say they consider they have been overlooked for promotion); or breach of other employment rights.
Collective bargaining and negotiation issues, e.g., disagreements over pay increases or stalled negotiations between a union and employer; disputes involving industrial action (such as strikes and lockouts); and disputes over Statutory Minimum Entitlements.
Mediation may not be suitable for all workplace conflicts, particularly cases involving serious misconduct or matters that require formal investigation.
What are some of the key benefits of mediation for workplace disputes?
Mediation can offer time and cost savings when compared to litigation. Also, it offers a flexible alternative to formal proceedings. With mediation the parties are in control and can agree on whatever outcome they consider will work in their circumstances, including those available under the Act.
If the parties want the employment relationship to continue, they might decide it would be beneficial for them to discuss how they want their relationship to work in the future. They can consider creative or restorative solutions to assist with relationship dynamics and/or emotional needs. They might agree that improvements need to be made; and/or that they should put in place a constructive process to use if issues arise in the future. This might contain aspects of what has been modelled, and they have experienced using, in the mediation. If it’s preferable to bring the relationship to an end, written or oral references can be negotiated, or agreed settlement terms.
What can HR professionals do to help with mediation?
Three ways HR professionals can assist are: 1) avoid disputes escalating, becoming entrenched, or reaching impasse; 2) frame mediation as a positive option; and 3) involve a mediator early!
How can mediation be accessed?
You’d usually expect a person who has an issue at work to talk to their employer first; although a person can apply for mediation directly.
Private mediators can be accessed through organisations like AMINZ. AMINZ mediators offer tailored support to meet the needs of all parties, including preparation, intake, and follow-up, ensuring a flexible and professional mediation process. They also offer flexibility in scheduling, session length, and location, allowing the mediation process to be tailored to the parties’ needs. Mediation can often be arranged within days or weeks, and fees are usually negotiable.
You can search for a mediator on the AMINZ Find a Professional page to select someone with the expertise, experience, approach, and personality suited to your situation.
Employment New Zealand offers a free mediation service though you do not get to choose your mediator.
Register to join us for our Auckland Network Meeting on Tuesday 18 November to learn more about workplace mediation with Pauline.
Interested in learning how to build your conflict resolution skills? See our popular AMINZ Mediation Skills Intensive five-day course.
