Mediation - Case Study 2

WorkMatters was called in to mediate a complaint between two workers within the Health Sector that had been ongoing for over a year.  Information provided to WorkMatters indicated that there had been a minor disagreement between the two employees in the previous six months at which time an incident report had been lodged.  Human Resources noted that one staff member was a current union delegate whilst the other was a manager with both involved in inappropriate behaviour towards each other.  Human Resources indicated that several attempts had been made by them and the union to address their concerns, however the two staff members continued to react unfavourably towards each other.

Prior to mediation taking place, individual meetings were held to assess the appropriateness of mediation and to seek information regarding their issues.  During this process it was discovered that the manager had been a previous union delegate and had supported the other party to take up their role.  It was also identified that the trigger of the dispute lay in EBA negotiations where both employees had disagreed on how this should be managed.  Information also suggested that there had been attempts by the union to address the matter with no success and with both parties postioning.  Whilst one party was intially relectant to participate in mediation they agreed to proceed.

Negotiations between WorkMatters and the union took place and a decision was made by the union to involve senior organisers who had had no previous knowledge of the dispute.

On the day of mediation, individual meetings were held with union advocates present, to outline the process and set the ground rules, including the role the union organisers who were to play a supportive role.  The parties were then brought together and the process was introduced.  At that point in time, the union organisers requested a break to meet with their respective employees.  They then requested to meet with the mediator without the individual staff present and informed the mediator that they were withdrawing from the process to allow the parties an opportunity to work through their issues. 

Whilst the process of working with the parties was highly charged and emotional at times, both parties were able to work through the issues and came to an agreement.  On review three months later, both parties indicated that they had a better understanding of each other and were working well together.