Mediation with the Ombud is available to all members of the CERN community and is an effective tool, yet it is largely underused, and colleagues who visit my office often describe conflicts that date back six months, a year or even more. Waiting this long to address a conflict with a colleague compromises the chances of resolving the situation and of restoring the dialogue, empathy, mutual respect and trust that enable the exchange of ideas between both parties.

In my first article on this topic, I invited you to test your knowledge of mediation by answering seven questions. This second article contains seven additional questions to help you complete your overview of mediation.

True or false?  Mediation is not always the best way to resolve a conflict

True:         Before the mediation begins, I always organise a short meeting with each of the parties involved. If the Ombud becomes aware that one of the parties is not fully committed to resolving the conflict, no further action will be taken. Similarly, in cases of severe and proven breaches of the Code of Conduct, or when the rules of the Organization have clearly not been respected, more direct arbitration by the management may be more appropriate. Finally, if the conflict has been dragging on for a long time (for example, one or two years), it may be very difficult to restore respect and understanding between the two parties through mediation. It is still important to consult the Ombud about the possibility of mediation, who will answer you in full transparency about what can be attempted.

True or false?  Mediation by the Ombud will be recorded in my personal file

False:       Once mediation has ended, all notes are destroyed, whether they have been taken by the parties involved or by the Ombud. Mediation with the Ombud is informal, and the exchanges between the parties, as well as the agreement reached, are strictly confidential; this obligation must be respected by the Ombud as well as by each of the parties.

True or false?  I have filed, or am the subject of, a harassment complaint, in accordance with Operational Circular No. 9. This means that I can’t seek mediation

False:       OC9 states that either party may request mediation by the Ombud at any stage of the procedure. If both parties agree, the time frame and deadlines for the procedure will be suspended, and mediation will take place. If the parties are unable to reach an agreement following mediation, the procedure laid down in OC9 will resume.

True or false?  As a manager, I can conduct mediation between two members of my team

False:       As a manager, you are not necessarily trained in mediation techniques. Plus, it's very difficult for you to remain neutral and impartial in a conflict between two members of your team whom you may have known for a long time. Neutrality and impartiality are essential in gaining the complete trust of both parties in a conflict. However, you can listen carefully to each party's side of the story so that you are aware of their individual perception of the situation, the impact the conflict is having on them and what each party needs for a calm working environment, and you can try to meet these needs with the resources at your disposal. Any decision you make to resolve the conflict must be well-founded, fair and transparent.

True or false?  Mediation only ever occurs between two parties that are in conflict

False:       A conflict may involve more than two people. Mediation by the Ombud in such cases is still possible but may take longer, as the conflict is likely to be more complex. The number of meetings that will be required cannot be predicted.

True or false?  Mediation can damage my reputation 

False:       Putting your trust in the Ombud and in a well-established and proven process can't hurt your reputation. Attempting mediation gives you a chance to clear up any misunderstandings, understand the other person's perspective and accommodate different outlooks. On the other hand, if you allow a conflict with a colleague to continue and let the situation deteriorate and gradually affect your whole team, your reputation is likely to suffer.

True or false?  Mediation is always successful

False:       Successful mediation results in an agreement between the two parties, but this is not always possible. The Ombud may decide to end mediation if it’s clear that dialogue cannot be re-established. Alternatively, either party may wish to stop the mediation for any reason. In such cases, the Ombud will request a private discussion with the person concerned before confirming that the end of the mediation. However, even if it is not always successful, or if it is not completed, mediation never makes a conflict situation worse.

 True or false?  Informal conflict resolution is not the only benefit of mediation 

True:        Successful mediation allows both parties to reach an agreement on how they will continue to work together. Restoring a calm and respectful working environment is the primary benefit of successful mediation but it is by no means the only one. The process of mediation involving the Ombud helps us to step back when we tell the story of a conflict and to focus on what we’ve felt rather than who we believe was right or wrong. Mediation teaches us to express our needs and objectives clearly and calmly. These are all skills that are extremely useful in our working lives.

I hope that this second article on mediation has answered any questions you may have had. Don’t hesitate to contact me if you require any further information. It would truly be of great benefit if mediation were to find its place in the culture of our Organization.

Laure Esteveny

I would like to hear your reactions and suggestions – join the CERN Ombud Mattermost team at https://mattermost.web.cern.ch/cern-ombud/.

Find out more about the role of the CERN Ombud and how to contact the Ombud at: https://ombuds.web.cern.ch/