INTRODUCTION
Disputes at workplace are ultimately inevitable, however, the there are several avenues to resolve them such as litigation and mediation. Workplace disputes or otherwise know as employment disputes resolution refers to the resolution of disputes arising from existing or terminated employment relationships.[1] Employment disputes are also referred to as trade disputes. The Labour Relations Act defines a trade dispute as a dispute or difference, or an apprehended dispute or difference, between employers and employees, between employers and trade unions, or between an employers’ organisation and employees or trade unions, concerning any employment matter, and includes disputes regarding the dismissal, suspension or redundancy of employees, allocation of work or the recognition of a trade union.[2]
As was noted by Mwangi (2013), most disputants consider mediation as the most acceptable method of resolving their workplace/employment differences.[3]This is because workplace mediation comes with a plethora of advantages such as improving employee relations and boosting overall productivity.
IMPROVING EMPLOYEE RELATIONS
In an organization, every individual as a human being shares a certain relationship with his fellow workers at work place. These relationships need to be managed to make the people comfortable with each other and work together as a single unit towards a common goal.[4]
Mediation is a cost-effective method that leads to quick resolution of disputes.[5] Since mediation is not adversarial in nature, workers’/employees’ quest to have their employment-related grievances resolved would not put a strain on their inter personal relationships.[6]Mediation would thus foster the continuation of an amicable relationship between the employer and the employees in general. Therefore, workers would be less fearful about job losses due to the voicing of grievances.
Mediation encourages open communication and mutual understanding. It allows employees to express their concerns in a safe environment, which can help to clarify misunderstandings and reduce tensions. This process promotes a culture of transparency and trust within the organization. When employees feel heard and valued, they are more likely to be engaged and committed to their work, which can significantly improve workplace morale and cohesion.
For instance, a study by ACAS (Advisory, Conciliation and Arbitration Service), under the government of UK in 2013 found that mediation significantly improves workplace relationships by addressing underlying issues and promoting cooperative problem-solving.[7] Employees who participate in mediation are often more satisfied with the resolution process and outcome compared to those who go through adversarial procedures.
BOOSTING OVERALL PRODUCTIVITY
In the work setting, the social entities often experience incompatibility that creates conflict and obstructs the organizational life and productivity.[8] Conflicts should not be avoided, rather be managed constructively to promote healthy workplace relations. These interpretations rejuvenate the notion of trust for promoting overall productivity.[9]
Mediation helps maintain a positive work environment, reducing the stress and disruption caused by unresolved conflicts. This leads to higher employee satisfaction and retention, as well as a more harmonious workplace. When employees are not preoccupied with conflicts, they can focus better on their tasks, leading to improved efficiency and productivity.
Research by ACAS (2013) supports the idea that mediation contributes to organizational productivity by resolving conflicts efficiently and restoring working relationships.[10] The study shows that organizations that utilize mediation report fewer grievances, lower turnover rates, and higher overall productivity.
FAMILY DISPUTE RESOLUTION
INTRODUCTION
Mediation provides a constructive approach to resolving family conflicts, including divorces, parenting issues, and inheritance disputes. It offers a less adversarial and more collaborative environment, which can help preserve relationships and reduce the emotional toll of disputes.
CONSTRUCTIVE APPROACH
Mediation in family disputes focuses on finding mutually acceptable solutions rather than winning or losing. This approach encourages cooperation and communication between parties, which is crucial in maintaining relationships, especially when children are involved.[11] Mediators facilitate discussions, helping parties to understand each other's perspectives and work toward agreements that are in the best interests of all involved.
By introducing mediation, parents can work together to find mutually agreeable solutions prioritizing the child's best interests as required by the Constitution.[12] Mediation promotes open dialogue and constructive problem-solving and encourages parents to consider creative and personalized custody arrangements. It aims to empower parents to actively participate in decision-making, helping them retain control over the outcome and fostering a sense of ownership in the final resolution.[13]
EMOTIONAL AND PSYCHOLOGICAL BENEFITS
Family mediation can significantly reduce the emotional and psychological stress associated with legal battles. It provides a space where parties can express their feelings and concerns, leading to more empathetic and compassionate solutions. By considering emotions of the people involved, mediation helps to heal relationships and build a foundation for future cooperation.
PRACTICAL OUTCOMES
Mediation can lead to practical, workable solutions meant for specific needs and circumstances of the family. This flexibility is often not available in court decisions, which can be more rigid and less personalized. Mediation agreements can cover a wide range of issues, from financial arrangements to parenting plans, ensuring that all aspects of the dispute are looked into.
For instance in the case of SMM v LNN [2021]eKLR the parties arrived at a consent through a court initiated “mediation” process that;
a. The mother to continue having actual physical custody with the father having access from Saturdays to Sunday.
b. The father is free to travel with the child to his rural home at least twice a year as long as he stays with the child during his stay up country; father to provide maintenance at Ksh 3,000 per month which was to reduce to Ksh 2000 upon the child joining school; the respondent not to leave with the baby without prior arrangements with the mother; father to pay school fees and the orders to be reviewed come 2021.
The court therefore found this consent order practical and directed the parties to be bound by its terms since they were the ones who voluntarily came up with it.
CONCLUSION
Mediation is very critical for resolving conflicts in both workplace and family settings. It promotes improved relationships, reduces stress, and enhances overall productivity. By focusing on understanding between the parties involved, mediation provides sustainable and mutually beneficial solutions, making it an invaluable approach to dispute resolution.
REFERENCES
[1] Tanmeet Kaur Sahiwal, ‘Employment Dispute Resolution and Mediation: An Analysis’ (2019) 12 Online Journal of Multidisciplinary Subjects
[2] Labour Relations Act, s 2
[3] Charles Mwangi. ‘Effects of Workplace Conflict on Employee Performance in the Air Transport industry in Kenya’ [2013] Prime Journals of Business Administration and Management.
[4] Dhani Chaubey ‘Mediating Role Of Employee Relationship Management Between Perceived Training And Development And Employees Productivity’ (2017) 7 International Journal Of Research In Computer Application & Management
[5] Christopher W Moore, The Mediation Process: Practical Strategies for Resolving Conflict (4th edn, Jossey-Bass 2014
[6] Muigua Kariuki, Resolving Conflicts through Mediation in Kenya (Glenwood Publishers 2012)
[7] Saundry Richard, ‘Workplace Mediation: The Participant Experience’ (ACAS Research Papers, 2013) <http://www.uclan.ac.uk/research> accessed 21 May 2024.
[8] Rojalin Sahoo, ‘Organizational Justice, Conflict Management And Employee Relations: The Mediating Role Of Climate Of Trust’ [2019] International Journal of Manpower
[9] Cindy Zapata, ‘Explaining The Justice-Performance Relationship: Trust As Exchange Deepener Or Trust As Uncertainty Reducer?’ (2012) 97 Journal of Applied Psychology
[10] Ibid at n 7
[11] Viktorija Portere, ‘The Meaning of Constructivist Approach in Mediation and the Role of the Mediator’ (2021) 14 Rural Environment Education Personality
[12] The Constitution of Kenya 2010, art 53
[13] Ibid at n 11
