INSIDE
OR OUTSIDE MEDIATORS?
by
David B. Harwi, Esq. and George Reath, Jr., Esq.
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An
increasing number of organizations are developing internal conflict
resolution programs to resolve disputes among employees. These
programs may address issues of legal rights, issues of fair
treatment under corporate fairness or equity programs or issues
relating to improved productivity through more effective communication.
Frequently vendors/consultants help to develop these programs
for the organizations. Some programs embrace the use of the
organization’s employees to act as neutrals in the mediation
portion of the program. The vendors will then offer to provide
training for the in-house neutrals. Clearly the cost of training
will vary. One organization informed us that they spent $20,000
to provide ten employees with a three-day mediation training
program.
Should employees act as neutrals in these dispute resolution
programs? The answer is that it depends. Although you might
have suspected that our desire to sell our services as mediators
may dictate an answer that outside, professional mediators
should
always be used, we won’t say that. The nature of the conflict
should control the choice between an employee or non-employee
neutral.
Many internal conflicts can be and are handled effectively by
internal mediators. However, using an outside mediator may be
more appropriate when:
-
the
appearance of impartiality is essential (i.e., can an employee
ever appear impartial; to whom does she owe her loyalty; what
organizational bias does he bring; does the dispute conflict
with her agenda; does knowing too much put the rabbit in the
hat);
-
confidentiality
and the expectation of confidentiality are essential to the
disputants;
-
emotions
of the disputants run high; or
-
the
stakes are significant (mediation is an experiential activity;
you learn by doing; the more frequently you experience the
conflict of others in mediation, the more effective the mediator
becomes in an atmosphere of conflict; how many mediations
will an employee-mediator do in a year; would you want a brain
surgeon to operate on you when she only performs one operation
a year).
Costs
usually but not always favor internal mediators. Assuming most
cases of employee conflict among reasonably high-level employees
require at least two sessions, $20,000 could pay for more than
ten mediations by an experienced, independent neutral. As employee
mediators leave the company or take different positions, most
companies with significant in-house mediation programs incur
continuing
training costs. Depending on the company’s annual mediation
load, independent neutrals can be cost-effective even if circumstances
do not otherwise point to an independent.
© Triage Mediation Services Inc. 2001
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