Why Mediation?

By Sue Clark

Consultant

Complaint procedures have been standardised and are long established in many organisations. These procedures were developed to address disputes between consumers/patients and organisations in a different era. In the past 5 years alone, we have seen dramatic changes in societal goodwill and our individual responses to care providers, organisations, government and businesses. Whether linked to tension and pressures from the pandemic, cost of living or global crises, the complaint landscape is now very different with different expectations and demands. For this reason, the rise of mediation as an alternative approach has sparked significant interest and debate. Mediation, with its emphasis on collaboration and mutual understanding provides a compelling alternative to the often-adversarial nature of standard complaint procedures. In this article, we’ll explore why mediation is an attractive alternative to traditional complaint procedures. To do this, we’ll examine its effectiveness, efficiency, and ability to achieve resolution and foster long term relationships.

One of the primary reasons why mediation surpasses traditional complaint procedures is its effectiveness in resolving conflicts. Unlike traditional procedures, which often seek  clearly defined winners and losers, mediation aims to facilitate mutually agreeable outcomes. By encouraging open dialogue as well as active participation and listening from all parties involved, mediation allows for the exploration of creative solutions that address the underlying interests and concerns of each party.

What’s more, mediation promotes ownership of the resolution process by the parties involved. This includes the patients/consumers, and leaders through to individual team members. Indeed, research has revealed that parties are more likely to abide by mediated agreements because they are actively involved in crafting them, leading to greater satisfaction and a reduced likelihood of future disputes.

Another advantage of mediation over traditional complaint procedures is its efficiency and cost-effectiveness. Where disputes or complaints take more formal grievance processes, such as Litigation, these can be time-consuming and costly, often resulting in protracted legal battles and administrative burdens. This may be disproportionate in terms of the value, complexity and desired resolution. By contrast, mediation offers a streamlined and cost-effective alternative, with the potential to resolve disputes in a fraction of the time and expense.

How Mediation Work

Mediation sessions will often be scheduled within a shorter timescale and by agreement, so often at the convenience of the parties involved. This allows for prompt resolution without the delays inherent in formal proceedings. In many complaints, the informality of the mediation process reduces bureaucratic barriers and encourages a more expeditious exchange of information and negotiation, which proportionate and appropriate given the nature of the dispute. As a result, parties can often reach a more creative resolution in a matter of days or weeks, rather than months or years, saving valuable time and resources for all involved.

What’s more, the confidentiality of the mediation process can be particularly advantageous, especially in sensitive or complex disputes. Mediation offers a confidential, without prejudice and private setting where parties can freely discuss their interests and concerns without fear of legal repercussion. This confidentiality promotes candor and trust among the parties, facilitating more open and productive dialogue that is conducive to reaching resolution.

Altogether, mediation is in many ways a significant departure from traditional complaint procedures, offering a more effective, efficient, and collaborative approach to conflict resolution. By empowering parties to actively participate in the resolution process, mediation promotes durable agreements that address the underlying interests and concerns of all involved.

To find out how the Complaint Resolution Service can help provide this service for your organisation, be sure to get in touch today.