Part 1 – For Mediators
Employment disputes can happen because of many different factors. In most instances, they are successfully and amicably resolved internally. Indeed, good HR managers are typically very good mediators. However, statistics from the Ministry of Manpower [1] indicate that more employees in Singapore are seeking external remedies over workplace disputes.
This increase is not likely to be solely due to deteriorations in working conditions or because workers are becoming less resilient. Historical patterns suggest that as a society matures and education levels rise, workers become more curious and conscious about their rights. This creates a greater demand for legal advice and professional mediation assistance, just as salaries increase to resource the workers to engage such help.
Since the Covid-19 pandemic, Sage Mediation has been engaged as a workplace dispute consultant by public and private sector companies. We have mediated numerous employment disputes involving issues like discriminatory recruitment, alleged harassment, anti-competition, and breach of trust. Recently, we signed an MOU with the largest labour union in Singapore to deliver mediation services for their members.
What we have seen in mediations is that employment disputes are rarely the result of singular factors.
Expectations could have changed because of the introduction of new colleagues or new supervisors. The company may have needed to redesign the scope of work because of new demands from clients or changes in the operating environment. Or the staff’s own situation may have changed because of marriage, new parenthood, family members becoming chronically ill and needing continual care, or sudden financial difficulties. The pandemic certainly played a part in aggravating workplace stress for employers and employees. It was particularly difficult for the middle and low income groups to cope with the unpredictable changes necessitated by public healthcare regulations, whether it was to work from home or office, or some form of hybrid.
For employment mediators, we have found that parties in workplace mediations tend to be happier with the outcome when mediators bear the following 3 tips in mind:
Tip #1: Have an open mind
Mediations of workplace disputes generally work best when the mediator comes with an open mind. However many parallels there may seem to be at the outset, he should not be fast to presuppose that what worked for another employee or another company will work again. This applies not only to the outcome but to the entire flow of the mediation process. Creating a safe environment for conversation, listening to the parties, and taking time to uncover their true concerns, will lead to the achievement of sustainable solutions. Parties who feel that their views have been taken into account in the shaping of the outcome are more likely to uphold their obligations in the mediated settlement agreement.
Tip #2: Manage power imbalances
More often than not, it is the employees who feels out-numbered and out-resourced during a mediation. If they feel threatened, they may either act out, become aggressive, and resist settlement. Alternatively, an exaggerated sense of vulnerability could make them cave too quickly to the employer’s demands and they make commitments that they regret and cannot actually keep. (This feeling of powerlessness and lack of psychological safety can afflict employers too especially if they feel wrongly accused of harassment or misconduct.)
Mediators’ sensitivity to sources of power in the disputants’ context and the disputants’ perceptions of power and neutrality can help them achieve closure for the parties. Good mediators use their presence to empower both parties to speak candidly. They know how to design the process and set up the space to give everyone the required psychological safety to make thoughtful commitments. Strategic use of private and joint sessions can enable the mediators to gently check the egos of those who feel invulnerable and to reassure those who feel traumatized.
Tip #3: Foster dignity
Ancient philosophers like Plato and Aristotle have observed how work is a major contributor to our sense of personhood. These sages also readily cautioned that payment is not the only means of giving dignity to the worker and his labour. Having the right work environment and relationships give workers that sense of happiness which percolates through to the interactions with their loved ones.
While it can be easy to regard workplace and employment disputes as primarily commercial, many such disputes require resolutions that go beyond financial compensation.
A good employment mediator is one who skillfully controls the flow of communications during the mediation so that everyone feels respected. No one should be made to feel threatened. Even if the employment cannot be reinstated, employer and employee should be able to reach a deeper mutual understanding of each other and of themselves. The mediation should inspire them to greater insights into how they can each be more lifegiving at the workplace.
References:
[1] https://www.mom.gov.sg/newsroom/press-releases/2023/0725-employment-standards-report-2022#:~:text=The%20overall%20incidence%20of%20employment,%3A%203.04%20per%201%2C000%20employees).
Image via pexels.com by Kampus Production
