Workplace mediation, while a valuable tool for resolving conflict, doesn’t always guarantee a happy ending.
Sometimes, despite the mediator’s best efforts, no agreement is reached.
This can leave employees feeling frustrated and unsure of their next steps. So, what happens next after unsuccessful mediation?
When negotiations stall or fail
When mediation fails to produce a resolution, employees have several paths forward. One option is to pursue a formal grievance procedure. However, this route can be lengthy, stressful, and statistically less likely to succeed than mediation, so it is usually best to exhaust negotiations before going down this path.
Another option is to consider resigning and potentially filing a constructive dismissal claim. This claim alleges that the employer’s actions created an intolerable work environment, forcing the employee to resign. However, this path is complex, stressful, and requires legal consultation.
Sometimes, the best course of action is directly approaching the employer and having off-the-record discussions about a mutually agreeable termination. This could involve conversations on severance packages or outplacement services (e.g. support with job hunting, etc.).
Regardless of the chosen path, navigating a post-mediation situation can be emotionally draining. Employees should seek support from HR professionals, employee assistance programs, and legal counsel.
A broken agreement
Even if a mediation agreement is reached, there’s always a chance one party fails to uphold it. Should this happen, it’s crucial to review the agreement. Most will include “safety net” clauses outlining actions if conflict resurfaces. By revisiting these clauses, parties can attempt to get back on track.
Prevention is key
While there’s no guaranteed way to prevent conflict, open communication and clear expectations can significantly reduce the risk. Also, fostering a culture of respect and understanding can minimise the likelihood of disagreements escalating into full-blown conflict.
Ultimately, even if mediation doesn’t resolve the issue entirely, the process can shed light on the underlying concerns and open doors to alternative solutions. By approaching the situation strategically and seeking necessary support, employees and employers can navigate this challenging scenario with confidence and clarity.
