A recap of the HR role in mediation

The HR Professional’s role is to:

• Identify when mediation might help and introduce the idea
• Explain mediation to the parties and encourage them to participate
• Arrange the mediator who may be internal or external
• Support the parties before and after the mediation
  

During the mediation

The HR professional might help with practical arrangements or offer support during the mediation but usually stays in the background to remain neutral.

Can the HR Professional act as the mediator?

The answer is yes, but only if the dispute is low-level, parties both agree that HR can act as mediator and the HR professional is trained. It will not be appropriate where the HR professional is seen as biased, has a decision-making role (examples are managing the grievance, involvement in the disciplinary case) or where serious allegations like bullying, harassment or discrimination are being made.

When acting as mediator, he or she leads the process completely and the role is no longer simply supportive.

Common pitfalls when HR professional is acting as mediator

Poor Preparation 

It is important to understand the nature and background to the dispute, the positions of each of the parties and their aspirations.  Poor preparation and understanding lead to inability to engender trust and manage any mediation effectively.  HR Professionals should spend time in understanding what has gone before by meeting with each of the parties separately to understand their issues and to explain the mediation process.    

Failure to establish Ground Rules

It's important to establish how the mediation will be conducted otherwise the discussion can descend into argument, raised voices and interruptions.  Ground Rules will create clear expectations regarding respectful behaviour, listening without interrupting, confidentiality. The preparation of the Ground Rules at the start of the mediation can be carried out with the parties thereby giving them a greater interest in respecting those rules.

Confusing your role

The HR Professional may try to decide who is right and who is wrong, effectively acting as judge.  This is not the role of HR who should not impose their own value judgements.  The aim of a mediation is to facilitate the parties themselves in coming to a solution.  Any judgement coming from the HR Professional will risk the parties losing trust and thus cooperation in the process. Similarly, the HR Professional acting as mediator should avoid talking too much and effectively steering the conversation.  This is avoided by engaging in active listening - listening attentively and with understanding, seeking clarification where appropriate, responding thoughtfully to the speaker, appreciating their words and reading body language and asking questions appropriately – see below. 

Asking the wrong types of questions 

The HR Professional/mediator should use different types of questions to discover information. The type of questions you ask will determine the quality of information you receive.

Distinguish between open and closed questions.  

Open questions invite explanation. They often start with who, what, where, when, how. They encourage parties to share details and how they feel. Examples include: 

• ‘Tell me about what happened…?’
• ‘How have you been affected by…?’
• ‘How do you think this can be resolved..?’
  

Closed questions aim to clarify details and facts – not feelings. Examples include:

• ‘So, what day did xx happen?’
• ‘Did you attend this meeting?’
• ‘Have you mentioned this to your colleague?’
  

A mix of open questions can be used at the start to explore and build trust, elicit the story from the party, see how they feel. Then the mediator can use closed questions to clarify and confirm information.

Failure to deal with power imbalance

The parties may well be unequally balanced in that one may be more senior to the other within the organisation.  This can lead to the more junior staff member being inhibited and afraid to speak up for themselves or to feel pressure to agree, while the more senior individual may appear to be dominant within the mediation.  Any potential power imbalance should be expressly acknowledged at the start and ground rules set in place to ensure that each has equal opportunity to speak and be heard.  The mediator should reinforce their neutral position and that within the mediation all parties are treated equally regardless of outside roles.

Failure to remain neutral

It is vital that the mediator remains impartial and avoids taking sides. If the mediator appears to favour one party, they risk being seen as an extension of management and thus trust in the process can quickly break down. To maintain credibility and fairness, the mediator must consistently reinforce their neutral role. Their purpose is not to make decisions or offer solutions, but to guide the parties in finding their own way forward.

Failure to maintain confidentiality

There may be an inclination to reveal details of the mediation to managers within the organisation, but this can lead to a loss of trust in both HR and in the process of mediation and may hamper future engagement.  Confidentiality should be stressed at the outset and included in the ground rules. This will help create a safe space for discussion and exchange of views, protect sensitive information and reinforce trust in the process. At the end of the process the parties must agree on any information to be shared with anyone outside the mediation.

Failure to secure Agreement at the end or to properly follow through

It’s essential that any agreement reached during mediation is written down straight away. This should include clear, measurable actions and follow-up plans. The parties should record it themselves, as it’s their dispute and their solution - leaving it unfinished can lead to future issues about what was actually agreed.

Recap and some practical tips for the HR Professional acting as Mediator

Stay neutral: Avoid taking sides or offering solutions - your role is to guide, not decide. Do not take control.

Set clear ground rules: Include confidentiality, respectful listening and no interruptions.

Prepare the mediation space: Ensure accessibility, privacy and comfort (including food and drink). Each party should have their own space, with the option to come together later if appropriate.

Use plain language: Keep communication clear, simple, and jargon-free.

Listen actively: Let each party speak without interruption; reflect key points to show understanding.

De-escalate emotion: Use a calm tone, acknowledge feelings, and offer short breaks if needed.

Encourage ownership: Let the parties shape their own agreement - it’s their dispute and their resolution.

Encourage solutions: Ask open-ended questions that help parties find their own way forward.

Summarise agreements: End with clear, written action points and follow-up timelines.

Follow up: Support implementation by checking in to ensure commitments are met and trust is rebuilt - without taking over.

Maintain confidentiality: Share only what’s necessary to implement agreed actions.

This article was provided by:

Rosemary Connolly, Solicitor
Kathy Sinclair, Juris Resolutions

www.jurisresolutions.com