Workplace conflicts can have a devastating impact on the mental health and wellbeing of employees, especially those with disabilities. In this article, we will share a real-life case study of how mediation helped an employee with disability return to work and resolve a workplace conflict with his manager.
The incident that triggered the conflict
Cody loved his job. For the past 20 years, he had been working at Council Beta, a local government agency in charge of providing services to the community (names and company changed for confidentiality). He had a knack for customer service, a genuine talent for solving problems and a high level of empathy that made him popular among the callers. He was also almost blind and had some motor dysfunction, the result of a suicide attempt ten years ago after a traumatic experience of bullying and harassment by some of his former colleagues.
But Cody had overcome his ordeal with the support of his psychologist, his chiropractor and his manager, Steve, who had created an inclusive role for him in the call centre, with special systems and processes to accommodate his needs. Cody felt valued, respected and safe at work.
Until one day, everything changed.
It started with a minor mistake in a report from one of his friends at work, whom he called during his shift to point out the error and fix it as a team. Unbeknownst to him, his friend was on a day off, and a group of new staff members overheard part of Cody's loud and passionate phone conversation. They jumped to conclusions, judged him harshly and reported him to Steve, who decided to meet with Cody to clear the air.
The meeting turned out to be a nightmare for Cody.
Not only did Steve show up with Patrick, the new director, as part of the “get-to-know-the-business" period but he also failed to explain the purpose of the meeting or reassure Cody that he was not in trouble.
Cody felt ambushed, threatened and misunderstood. He saw Patrick's presence as a sign of a serious and formal assessment, and he panicked. He felt the same fear and stress that he had experienced during the bullying and harassment he went through in 2010. He left the meeting and went home sick. The next day, he worked remotely, and the day after, his sister called the council to inform them that Cody was on work compensation leave.
Cody’s response to the situation is not something unusual. According to a WorkSafe ACT data, mental stress is responsible for 8% of serious claims resulting in an absence from work of one working week or longer.
“Mental stress is responsible for 8% of serious claims resulting in an absence from work of one working week or longer.”
WorkSafe ACT
The mediation process that helped to restore trust and communication
Cody wanted to return to work, but he also wanted to feel safe and supported. He wanted to talk to his leaders and agree on a plan to prevent future incidents and protect his psychosocial wellbeing through a psychosocial safety plan. He wanted them to understand his specific needs and respect his disability. Cody wants his leaders to put in place a protocol to de-escalate unreasonable issues and prevent future recurrent trauma.
Cody, Steve and Patrick agreed to participate in a mediation process to facilitate Cody’s return to work as soon as possible. This was a positive and proactive step, as mediation can help to resolve workplace conflicts and restore trust and communication.
In the 2021 Estimating the cost of conflict report, researchers from the UK found that the cost of conflict to UK organisations was £28.5 billion (over 55 billion AUD) or the equivalent of £1,000 (around 1,959 AUD) for each employee. This data serves as a workplace conflict reality check that early intervention in conflict saves money, time and promotes better wellbeing.
“Early intervention in conflict saves money, time, and promotes better wellbeing.”
Estimating the cost of conflict report
(May 2021)
As the mediator, explained to them that mediation was a confidential and voluntary process that allowed the parties to speak freely, listen actively and negotiate fairly. I also ensured that the balance of power was maintained to create a psychologically safe environment, and that only Steve would attend the mediation session with Cody, since Patrick's involvement could be perceived as intimidating.
During the pre-mediation interviews, I helped both parties to prepare for the session and understand each other's perspectives. I encouraged them to communicate directly with each other and to further clarify their interests and needs.
The outcomes and benefits of the mediation
The turning point came when both parties realised that they had misinterpreted each other's intentions and actions. Steve apologised for not communicating clearly with Cody before the meeting and explained that Patrick was there only to observe and learn, not to judge or punish. He also expressed his appreciation for Cody's work and his willingness to provide constructive feedback and guidance. Cody accepted Steve's apology and explained how the incident had triggered his past trauma and anxiety. He also expressed his gratitude for Steve's support and his desire to improve his performance and skills.
Both parties realised that they had reacted without communicating clearly to each other what was their intentions and recognised that they both wanted the same outcome to support Cody's psychosocial safety. Research by the Economist Intelligence Unit shows that poor workplace communication leads to 52% more stress on employees, which is what Cody experienced.
Poor workplace communication leads to 52% more stress on employees.
The Economist Intelligence Unit
Both parties recognised the need for an individualised process to support Cody's psychosocial safety and wellbeing at work.
As a return-to-work strategy, they agreed on several measures:
- Having regular check-ups on Cody's mental and physical health and providing him with time and resources to access his psychologist and chiropractor.
- Reviewing the current conflict resolution procedures and creating a direct line of report for Cody if he felt unsafe or harassed by anyone.
- Educating the new staff members about disability and bullying and creating some e-learning modules to raise awareness and prevent discrimination.
- Communicating clearly the context and purpose of any meeting or feedback session to avoid confusion and ensuring that Cody felt comfortable and respected.
- Investigating further with the group of new staff having unreasonable comments towards Cody.
- Calling the manager directly instead of trying to de-escalate the situation by himself, in case of a similar incident in the future.
Through this mediation, Cody and Steve recognised the importance of a process that accommodates individuals with disabilities, ensuring consistent and tailored check-ins to address particular needs, and conducting frequent one-on-one sessions to enhance customer service and team protocols. They acknowledged the value of providing context prior to decision-making.
They have re-established communication and have agreed to proactively discuss any arising issues promptly to prevent stress buildup and potential triggers for post-traumatic reactions.
Both parties expressed gratitude for the chance to openly address the problems they faced and devise solutions that consider and support staff members with disabilities.
“Mediation statistically settles over 85% of initiated disputes.”
Australian Mediation Association
According to the Australian Mediation Association, mediation statistically settles over 85% of initiated disputes. In this case, mediation proved to be an effective approach to help Cody and Steve overcome their conflict and support Cody's return to work, as well as his psychosocial safety and wellbeing. It also helped the council to retain a talented and loyal employee, reduce the costs and risks associated with work compensation and absenteeism, and cultivate a culture of diversity and inclusion.
This article was written by Bruno Zadeh, an Accredited Mediation NMAS at PeopleSense by Altius.
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