Introduction
Foreign and local investors have established many businesses in every part of the world. Most of these businesses deal with manufacturing and processing of different types of products consumed locally and international arena. Some of the established businesses have specialized in the delivery of services to consumers. In order to increase their sales volume and expand the market niche, other businesses deal with manufacturing of products and provision of services to consumers. However, not all businesses manage to establish a double line of production that entails either manufacturing of products or provision of services to consumers. Establishment of double line of productions requires large capital share needed for hiring competent human resource personnel and purchasing machines. International companies, multinational firms, and governmental corporations enjoy economies of scale because they have large capital share (Crawley, & Graham, 2002). This move enable them establish double line of production because they have adequate finances to ensure the business operates effectively. This fact does not rule the idea that small firms cannot afford to establish and maintain double lines of production like international companies. This aspect exists in the business arena but at a minimal level. With advancement in science and technology coupled with globalization, many small firms will be able to establish double line of production and benefit from economies of scale.
The success of any business depends on the effective management and integration factors of production namely; capital, land, time and human labor. All these factors of production play an integral apart in the development of the business but at different echelons. Human labor remains one of the fundamental factors of production that carry more weight when dealing with business operations. Most of the businesses need human labor to continue operating effectively so that to expand their market niche. This implies that firms hire and employ workers who provide human labor. Some of the employees occupy the higher ranks of management as managers, supervisors, and directors while others occupy lower ranks as junior employees. Human labor can be available, but a business cannot benefit from this factor of production unless a favorable working environment prevails.
Workplace environment plays a vital role in enhancing productivity and employees’ output. Firms that provide their workers with favorable working environment, increase their production and expand market niche. Conducive working environment enables the employees’ execute duties, roles, and obligation assigned to them diligently and effectively thus lowering the operation cost. On the other hand, firms that fail to provide their employees’ with favorable working environment incur high operation costs and lower their efficiency. The high operation cost occurs when employees’ become irresponsible and fail to execute their duties diligently. In a similar vein, unfavorable working environment cause stress and depression thus leading to psychological torture. Stressed workers suffer from infectious diseases because they have low immunity in their body; an idea that increases medical expenditure.
Working environment is a multifaceted term that entails several aspects. Firstly, it refers to terms and conditions of work that stipulate duties, roles, and obligation of different workers. Secondly, it explains how junior employees relate with other workers and managers. Thirdly, it may refer to the way employees interact with other workers and managers following the laid down by laws. All these aspect determine how employees relate, interact, work and associate with managers in the business. The interplay of these aspects either creates a favorable or unfavorable environment for the workers.
The way managers relate with their junior employees play a vital role in establishing a conducive working environment. When managers address and treat junior employees’ with the dignity, it promotes coexistence, harmonious living, cooperation, and mutual understanding. However, such attributes do not exist in an environment where managers treat junior employees’ with contempt and disrespect.
Any business faces certain challenges on daily. Some of these challenges revolve managerial issues, lack of effective communication channels, harsh working condition, and inefficiency to name but a few. Although firms face different challenges, conflicts and disputes are some of the challenges faced by each firm. Conflicts and disputes arise at the workplace because of several factors. Firstly, workers may disagree on certain issues that are work related thus leading to conflict. Many times, workers may differ with the views of other employees thus creating a heated debate. This move fuel exchange of bitter words among the involved parties and later creates enmity. Secondly, people have different characters and personality traits; an idea that influence the way one reacts and behaves in different situations. Because of this variance, it becomes almost impossible for workers to agree in most of the work-related issues. Thirdly, disputes and conflicts arise when managers oppress, intimidate, and bully workers at the workplace. Most workers rebel against such atrocities and end up conflicting with their managers on certain issues.
Workplace mediation
Since conflicts and disputes occur daily at the workplace, it is imperative for managers to establish an effective mechanism aimed at resolving such issues. Most firms have introduced mediation process to resolve all conflicts and disputes experienced at the workplace. Mediation at the workplace refers to an informal, voluntary, and confidential dispute resolving method that involves two or more impartial parties who encourage disputing parties to reconcile (Doherty & Guyler, 2008). Mediators provide a platform where the involved parties can dialogue, discuss, and agree to resolve their disputes amicably. In most cases, people in higher ranks in an organization mediate between two or more employees’ in conflict. Senior officials in an organization play the role of mediating because they have vast experience in management and conflict resolution strategies. Mediation remains an imperative resolution method employed in both small and international organizations. In the recent past, mediation at the workplace remains one of the preferred conflict resolution methods in many organizations.
Mediation at the workplace has increasingly become an effective conflict resolution method in both union and non-union organizations. This trend continues to expand because mediation process prevents involved parties to file a complaint in a court of law. Mediation enables involved parties to speak out their concerns, understand the perspective of the other party, and understand the problem in detail. After a length dialogue, the involved parties affirm to resolve their disputes and amend the relationship.
Importance of mediation at the workplace
Mediation helps employees’ and employers to resolve their disputes amicably and continue with their daily activities. Mediation provides organization with an effective resolution method because it offers satisfactory resolution decisions. Most of the disputes resolved through mediation are effective because they seek consent and participation of the involved parties. Any decision agreed upon by involved parties bound all the stakeholders for a long period thus providing long lasting solution. Mediation amends relationship of involved parties because it takes into account feeling, consent, and concern of each party during decision-making.
Another method of resolving organization disputes involves litigation process. This involves filing of a lawsuit in a court of law with the aim of resolving disputes. However, litigation method is ineffective because it does not provide involved parties to reconcile and heal.
Most of the disputes remain unaddressed because resolution methods used fail to create a favorable platform for dialogue. Through mediation, each party has an opportunity to speak out its concern, understand the perspective of the other party, and strive to analyze the situation from a realistic dimension. The mediator ensures that both parties affirm their mistakes and facilitate dialogue.
Mediation process promotes self-empowerment in the organization. Managers overlook the daily activities in an organization. They formulate policies and bylaws and pass them to the employees. Employees do not take part in the decision-making process, but mediation provides them with this opportunity; an idea that empowers them.
Mediation resolution method is cost-effective in nature. Filing a complaint lawsuit takes a long period before declaring the verdict of the case. However, mediation process remains cost effective because it takes a short period and inexpensive.
It guarantees confidentiality between disputing parties. Filing a complaint lawsuit, places the matters in the public domain because courts and other agencies participant in the ruling process. Mediation process provides parties with a favorable environment to resolve their disputes without publicizing the matter.
Mediation process
The mediator need to follow the laid steps as illustrated:
Step1: Opening statements
This encompasses laying down bylaws and policies that will guide the mediation process. The mediator formulates the framework on which mediation process will take place. He explains to the disputing parties that the mediation process adhere to the principle of confidentiality, humility and voluntary participation. This infers that involved party’s participant willingly with the consent of resolving disputes. In certain cases, the mediators writes down the agreed upon policies that would guide the entire mediation process and later calls the involved parties to affirm their participation through signing. Mediator facilitates the mediation process by taking an impartial position aimed at resolving the disputes. Disputing parties discuss, dissect, understand the dynamism, and finally propose possible resolutions (Boulle, 2005). The mediator ought not to impose resolutions that involved parties have not agreed upon because it may jeopardize the mediation process.
Step 2: identifying the problem
This step forms the cornerstone of the mediation process and determines the outcome of the entire process. Establishing the cause of the problem and identifying the challenge marks the beginning of reconciliation and healing process. Each party has a chance to explain its concerns and factors that caused the dispute to arise. Listening from both, sides provide the mediator with substantive information that helps him identify the cause of the problem. This move enables him understand the magnitude and intensity of disputes and propose an effective strategy to address such concerns.
Step 3: formulating the agenda
This entails setting out the guiding principles and objectives of the mediation process. Objectives help the mediator remain determined, focused, and relevant to the subject matter. At the end of the mediation process, the involved parties should have agreed on certain aspects as stipulated in the agenda.
Step 4: establishing the solutions
The mediator and the involved parties work together towards establishing viable solutions to the underpinning problems. Most of the solution emanate from the discussed issues, objectives and agenda of the mediation process. In order to offer long lasting solutions, disputing parties propose possible solutions and affirm to agree on the final decision made.
Step 5: resolving the matter through caucus process
Caucus means a confidential meeting involving the mediator and one of the disputing parties. Sometimes, one of the parties may feel agitated or uncomfortable to speak before the other party thus the need for caucus. Such meetings are organized when the mediator either wish to form a good relationship with one of the parties or understand feels of a given party about the mediation process. However, not all mediation processes require the use of caucus.
Step 6: Affirming the agreement
The agreement refers to a written document that indicate the objectives, goals, policies and rules that guided the mediation process. The document also indicates final decisions agreed by the involved parties in pursuit of resolving the dispute. Involved parties should read the agreement before signing. The agreement should be fair, balanced, and unbiased in passing the final decision.
Workplace issues that need mediation intervention
Mediation process remains effective in resolving most of the conflicts and disputes arising at the workplace. However, the following work-related issues need mediation intervention.
Sexual harassment complaints: Many sexual harassment complaints occur when one of the workers or a manager fails to respect a fellow worker by using flattering statements, seductive words and predispose sexual behaviors. Most of the sexual harassment cases indicate that female workers fall victim of the vice than male workers (Boland, 2005). However, mediation process create a platform to resolve sexual harassment disputes swiftly. Willingness for dialogue between the parties remains a prerequisite condition that will foster for reconciliation and promote coexistence.
Disputes and conflict among the employees: Most of the organization disputes involve co-workers who have failed to resolve their problem amicably. This move lowers productivity and efficiency because conflicting parties refuse to work collaboratively for the interest of the business. It remains a sole obligation of management to provide a conducive environment where parties can raise their concerns, needs, and grievances. Additionally, the management should provide the necessary materials and service needed during the mediation process. This move would help in lowering operation costs, enhance efficiency, and increase productivity.
Job termination: Employers hire and terminate the employment contract of their employees based on a number of issues. The constitution stipulates the legal procedure that an employer should follow when terminating an employee from work. In certain instances, an employer decides to terminate a worker based on unclear circumstances; an idea that creates disputes between the employee and the employer. The employee may decide to file a lawsuit aimed at seeking a court intervention. Sometimes, the employer should employ mediation process in resolving such disputes with the employee. The latter method is cost effective, timely, and voluntary and ensures disputing parties amend their relationship.
Performance and work-related problems: The management ensures that daily operation of an organization runs effectively by disseminating information, directives, and guideline. Junior employees transform a policy into an action as indicated in the organization bylaws. A conflict may arise when the management fails to disseminate information on time and place the blame on employees. In a similar vein, an employee may record low level of productivity because the management did not provide the necessary equipment, tools, and support. This move lowers workers morale and reduces productivity rate.
Qualifications of an effective mediator
The success of any mediation process depends on the experience, expertise, and academic qualification of the mediator. Many disputes arising at the workplace remain unattended for a long period because the management tends to ignore the matter or lack an effective mediator. When ineffective mediators preside over a mediation process, they are unable to deliver results on time. In certain instance, the gravity of the disputes escalates thus worsening the whole issue. The law stipulates that an effective mediator should hold a certificate of mediation training from a recognized institution. Trained and certified mediators help disputing parties resolve their issues amicably. Mediation training equips mediators with knowledge and skills that help them settle disputes in a cost effective manner. An effective mediator should have good listening, analytical and leadership skills when handling sensitive disputes revolving sexual harassment and personal affairs (Winslade, & Monk, 2000).
In case a dispute arises at the workplace, the management can decide hire either an external mediator or an internal one. Hiring an external mediator increases the operation cost because it is expensive than hiring an internal mediator. It is effective to hire an internal mediator because the professional understands the challenges at the workplace, understands disputing parties well, and volunteers to mediate the process. Organization may decide to have both an internal and external mediation team. An internal mediation team consists of managers and a section of workers with outstanding experience in the mediation process. The mediation team strives to settle disputes timely because the mechanism is reliable and available.
In the recent past, mediation at the workplace has continued to attract attention of most organization in dispute resolution. This paradigm shift can be attributed to the high number of disputes resulting from advancement in science, change of labor laws, recruitment of new employees and change in management, to mention but a few. New resolution methods would be established to address disputes associated with work-related issues. The government encourages organizations to use the mediation process in resolving these disputes rather than filing a complaint lawsuit.
Conclusion
Investment remains one of the key components that facilitate national and regional development. Many foreign and local investors have established businesses, which deal with manufacturing of products and service delivery. Some of the established firm have large capital share thus manage a double production line. However, the success of any business depends on the interplay of various factors of production namely; capital, land, time and human labor. Factors of production play different roles in the development of the business. However, human labor remains a fundamental component in the production process. Managers should provide workers with conducive working environment so that to reap benefits associated with human labor.
Conflicts and disputes arise between managers and workers and among co-workers. This aspect affects productivity and lowers employees’ morale thus leading to poor performance. Workplace mediation refers to a voluntary, informal, and confidential resolution method used in disputes settlement. Mediation process entails a mediator who facilitates dialogue, communication, and negotiation between disputing parties. Each party has a chance to raise their concerns and grievances pertaining to the subject matter. Benefits accruing from the mediation process include; cost-effectiveness, self-empowerment and maintain confidentiality. Mediation is imperative in resolving many disputes that are work related such as; sexual harassment, termination, bullying and work-related problems. A certified mediator should hold a certificate of mediation training from recognized institutions. Organization may decide hire either an external mediator or an internal mediator to resolve disputes. With the advancement in science and technology coupled with change in labor laws, the number of disputes recorded in an organization will rise thus raising a concern. Others resolution method should be implemented to aid in addressing this concern.
References
Boland, M. L. (2005). Sexual harassment in the workplace. Naperville, Ill.: Sphinx Publisher.
Boulle (2005). Mediation: Principles Processes Practice, Australia. Butterworth publishers.
Crawley, J., & Graham, K. (2002). Mediation for managers resolving conflict and rebuilding relationships at work. London: Nicholas Brealey.
Doherty, N., & Guyler, M. (2008). The essential guide to workplace mediation & conflict resolution rebuilding working relationships. London: Kogan Page.
Winslade, J. & Monk, G., (2000). Narrative Mediation: A New Approach to Conflict Resolution. San Francisco: Jossey-Bass Publishers
