HR Zone member Keith Davis explains why you may want to think about online dispute resolution the next time you need to use mediation to resolve a workplace dispute.

Maybe you like the thrill of the grievance process, or treading the long thin line that has a picture of endless sick-notes on one side and ’employment tribunal’ in bold font on the other.

Then there is also the excitement of sending an employee off with the ‘without prejudice’ letter, asking their solicitor to get in touch, and then ducking when you get the response.

We all know that mediation can result in quick, inexpensive and confidential settlements of employment disputes, particularly in claims of discrimination, harassment, bullying and unfair dismissal. Mediation can also reach those parts of working relationship issues that a grievance hearing and its judgment often can’t.

However, getting all the people you need round the same table with a neutral mediator fairly soon can be a challenge.

Online dispute resolution (ODR) offers the solution for HR, the parties involved and their representatives.

Anytime, anywhere

Access to the process can be anytime, from anywhere in the world with internet access. Although employment mediations can have time constraints agreed at the outset, all those participating can receive and post messages on a secure, user-friendly website platform at a time to suit themselves.

ODR enables a dispute to be mediated which otherwise might not have been possible due to the participants’ other commitments, travel costs, or other reasons that prevent them from attending a face-to-face meeting.

ODR can start almost immediately. There is no need to delay until a face-to-face meeting is held and, of course, this is of added value if a longer delay is likely to cause more damage.

Those participating in ODR do not have to do so at the same time. They can all get on and manage their personal and work time according to their priorities, and access the mediation platform when they feel best able to do so during the process.

Most of us welcome an opportunity to have some time to reflect, and to write down our thoughts before expressing them to others. ODR facilitates this within the time constraints, which are often agreed at the outset.

Of course, ODR is even more useful where those involved are in different countries. This is one of the reasons why it has been encouraged by the United Nations, the Organisation for Economic Co-operation and Development, the US Federal Trade Commission, the European Union Extra-Judicial Network and the International Chamber of Commerce.

The ODR process

It all starts by agreeing to the appointment of an accredited online mediator.

An online employment mediator can ask HR and the parties to send documents to him/her electronically, and these can be held on the website platform. Those that are sent in confidence to the mediator will be kept in confidence, but can be accessed at any time by that party. Other documents kept in a joint area on the platform can be accessed by everyone involved during the mediation process.

The mediator will allocate a separate room on the site for HR, each of the employees concerned, and their representatives (including a lawyer if permitted). All can enter their own rooms at any time. They can receive messages from the mediator and reply to them at their convenience. Most important, they have the time and space to consider the message waiting for them and their reply.

This is the civilised substitute for the ‘separate rooms’ scenario in a conventional face-to-face mediation session. Messages sent and received in the separate rooms cannot be seen by anyone other than the mediator.

The joint area on the platform is where messages for everyone are posted, and where simultaneous discussions can be held as and when necessary. This is the online equivalent of the joint-meeting, but minus the amateur dramatics, adversarial swipes and other delights which often come with the territory in face-to-face sessions. Nobody can interrupt online. Just imagine it!

The mediator might occasionally use other methods of communicating with one or more of those participating, for example telephone, video-conferencing, fax, or e-mail, where this might be useful.

Occasionally, ODR starts the ball rolling with all or some of those involved preferring to meet at some stage to clear a hurdle or close the matter.

The drawbacks

There are a few downsides. It is said that nothing can take the place of face-to-face discussions, and that the loss of experiences that can be told on a first-hand basis or body language can hinder a facilitated resolution. Possibly, but maybe the loss of such things is not always too terrible in the employment context.

Not everyone expresses themselves clearly in print, and sometimes there will be misunderstandings. Also, some will access the mediation platform whilst watching television or the children, and may not always give the matter their full undivided attention. However, a good accredited online mediator will know how to turn these potential challenges into strengths.

It is impossible to rely entirely upon technology, and internet access problems may disrupt the process temporarily. On the other hand, again in the employment context, people-access problems can be even more challenging.

Employment mediation settlement agreements can be incorporated into a compromise agreement where required. However, the road getting to that point is so much more civilised by using ODR. The outcome is owned and agreed by all the parties (no need for appeals, ET cases, etc).

Of course, maybe you still prefer the long winding path of the traditional grievance procedure, but do give some thought to ODR, particularly when you can’t see where the grievance path is going.

Keith Davis is an HR mediator at Neutrality at Work.