| Many organizations have considered trying to | | | | outcomes (e.g., any outcome that requires an |
| resolve disputes with mediation by using internal | | | | operational change will be subject to management |
| resources and staff rather than external fully | | | | approval), what protections it will include for |
| independent mediators. Proponents argue that the | | | | participants and the mediator, and how records (if |
| cost will be lower, that mediators will know more | | | | any beyond those legally required) will be kept and |
| about the organization's operations and will | | | | who will have access to them. Communication and |
| therefore be able to assist disputants more easily | | | | education about the system should address the |
| (for instance with information about internal | | | | concerns of potential participants and the |
| resources), that resolutions are more likely to be | | | | organization must show itself to be committed to |
| practical for the organization, that follow up | | | | the principles of the process. |
| systems will be easier to implement and monitor, | | | | Second, policies and design should address the |
| and that increased access will allow more use of | | | | major concerns of impartiality and confidentiality |
| mediation, greater acceptance of mediation and | | | | explicitly. For maximize impartiality, confidentiality, |
| better conflict management skills generally in the | | | | and self-determination, for instance, a pool of |
| organization. Those concerned about this approach | | | | internal mediators can be established from various |
| argue that without true independence mediations | | | | departments, and a rule instituted that the |
| will not be as effective because disputants will be | | | | disputants may choose any mediator so long as |
| concerned about potential breaches of | | | | he or she is not in the same department as any |
| confidentiality, about the interests of the | | | | of the disputants. |
| organization being more important than those of | | | | Third, confidentiality should be assured by having |
| the disputants, and about suppressing widespread | | | | participants explicitly sign a confidentiality |
| complaints with ad hoc responses. | | | | agreement, and by having the limits of |
| The "ideal" mediation process has a number of | | | | confidentiality explained. Within an organization, |
| characteristics: it is party-centered and voluntary | | | | confidentiality may have different limits than in |
| for the parties in both deciding to attend and | | | | say the litigation context. For instance, behavior |
| whether to settle, the mediator is fully | | | | that is contrary to organizational policy, if disclosed |
| independent and impartial, the parties have | | | | during the mediation, may be subject to discipline |
| sufficient information to make good decisions | | | | or other sanctions and the mediator may be |
| about resolution, and the process is confidential | | | | under an obligation to report it. For the parties, |
| and without prejudice for the participants. In | | | | the choice to disclose information can therefore |
| designing any mediation system, choices must be | | | | be made consciously with full knowledge of the |
| made that will affect the "ideal" mediation process: | | | | risks: this approach preserves their autonomy, and |
| in designing internal mediation systems, designers | | | | allows the mediator to fulfill a neutral role within |
| must strive to maintain as many of the ideal | | | | the limits of the organization's rules. |
| characteristics as they can and mitigate the | | | | Fourth, the parties and mediator must understand |
| concerns to the extent possible. | | | | the limits of their respective authority and roles in |
| People looking to create a mediation system | | | | the process. As examples, parties may not have |
| should consider design issues from three | | | | the power to implement changes in their |
| perspectives: impact on participants, mediator, and | | | | workplace without managerial action; personnel |
| outcome. For participants: will they feel the | | | | records may require some notation about steps |
| process is effective in resolving the dispute, | | | | that people have committed to implement so that |
| respecting their privacy, and in limiting the risk of | | | | managers will be able to support the changes and |
| causing greater damage to their relationships and | | | | any time frames that have been established can |
| legal position? For the mediator: will the process | | | | be respected; reports may have to be made or |
| allow the mediator to work effectively, act in an | | | | records kept for statistical or management or |
| impartial manner, and not be in effect an | | | | supervisory purposes in the event a participant |
| interested party acting on behalf of another | | | | changes positions or a new manager becomes |
| entity? In regard to the outcome: will the final | | | | responsible for the affected staff. Any and all of |
| decision be that of the parties, and can they | | | | these terms may be acceptable: the significant |
| reach it free of inappropriate pressure from the | | | | point is to make sure all terms and expectations |
| process or others? | | | | are known as parties enter the process, so that |
| For an organization considering an internal | | | | the credibility and utility of the process will be |
| mediation process, assuming the benefits are | | | | maximized. |
| accurately stated, maximizing the "ideal" | | | | Finally, of course, design is only the beginning; use |
| characteristics can be achieved in the following | | | | of the process must be monitored, its |
| ways. | | | | effectiveness assessed and improvements |
| First, clear policies should be drafted that set out | | | | implemented to make it attractive and effective |
| what the process is, what disputes it will cover, | | | | as a way to resolve disputes at minimum cost to |
| what limitations it may have in terms of | | | | an organization. |