Workplace Articles By BCC
Rationale for Mediation
While preventive measures, such as adopting and strictly enforcing strong anti-harassment policies and providing training to all managers and employees can be the most effective tools for addressing the issue, organizations still have the challenge of managing sexual harassment situations when they occur. Organizations that have experienced the time-consuming, resource-draining, and often costly experience of conducting an investigation and implementing corrective action, know the formal resolution process often fails to truly resolve the issue. While the employer's legal obligations may have technically been met, the very process itself could produce an even longer list of problems.
The complainant may feel further traumatized by the invasive and often embarrassing nature of the investigation. The alleged harasser may feel victimized. The rumor mill can exacerbate the situation, affecting greater numbers of employees and negatively impacting morale and productivity while increasing hostility and animosity. Despite efforts to limit the scope of the investigation and minimize the number of parties involved, it is the rare organization that can assure the level of confidentiality that prevents knowledge of the situation from being spread throughout the workplace.
If the complaint cannot be substantiated the matter could even worsen. When there is a finding that a violation has occurred, and the parties must continue to work with each other, life can be miserable not only for the individuals directly involved, but also for others with whom they work. Doing traditional fact-findings or investigations does not guarantee a successful resolution.
While mediation does not guarantee effective resolution in all circumstances nor does it relieve the employer of its duty to investigate complaints, as necessary, it offers a viable alternative to the more traditional methods of corrective action and resolution.
Copyright 2006