A study commissioned by the Association of Free Trade Unions of Slovenia identifies the causes of conflicts in Slovenian companies, how conflicts are resolved and the attitude of different organisational members towards mediation as a possible method of conflict resolution. While the findings indicate that there is a generally positive attitude towards mediation, one of the main obstacles to its implementation appears to be a lack of trust.
About the study
A study commissioned by the Association of Free Trade Unions of Slovenia (Zveza svobodnih sindikatov Slovenije, ZSSS) and conducted by an interdisciplinary research team at the University of Ljublijana in 2008 and 2009 focuses on the role of mediation as a method for resolving disputes in companies and for achieving equal opportunities in the Slovenian labour market. Mediation is an amicable method of resolving disputes based on the principles of equality and mutual respect for differences, ensuring a safe and non-discriminatory work environment.
Methodology
The study was directed at focus groups comprising 5–10 participants of different ages and both sexes. It consisted of interviews with management and trade union representatives in organisations operating in five sectors of activity – manufacturing, retail, public health, catering and public administration. Although the research was based on qualitative methods, the selection of participating companies aimed to give as much information on different sections of the Slovenian economy, examining both the private and public sectors.
The focus group participants were in non-managerial positions of different educational levels, representing where possible different parts of organisations. The study aimed to identify the problems associated with and reasons for conflicts in the organisations analysed. Among the problems addressed were low wages, poor working conditions, heavy workload, understaffing, long working hours, poor work organisation, inadequate communication, poor organisational climate, fear and a lack of trust.
Role of mediation
The findings show that mediation can be used for disputes between co-workers at the same hierarchic level and even for disputes between employees and superiors. In exceptional cases, it can also be used for resolving disputes between work groups or trade unions, or employees on the one hand and management on the other. In Slovenian organisations, cases have been observed where superiors have served as successful informal mediators in disputes between employees and customers. Although it can be used at any stage of a dispute, mediation should be implemented as soon as possible, before the dispute escalates or even as a way of preventing a dispute. It can also be used after a dispute has already been formally settled, in order to re-establish appropriate interpersonal relations between the parties involved in the dispute.
Attitudes towards mediation
Mediation is appropriate for resolving various disputes, such as those caused by incorrect interpretations of verbal and behavioural messages, personal conflicts, communication problems, harassment and deception. Most respondents in the five organisations analysed were informed about the concept and practice of mediation and they expressed mainly positive attitudes towards this method.
The advantages of mediation emphasised by the respondents included the following: it is a fast procedure; have had good experiences with mediation in private life or in resolving organisational problems; mediation has a potentially positive impact on employees’ satisfaction. Despite the generally positive attitudes, the respondents had doubts over whether mediation is suitable for resolving all types of conflicts and if it is appropriate for resolving conflicts in their organisations, considering the prevalent organisation culture – for example, where there was a lack of trust or where managers lacked communication skills. It should be emphasised that in serious cases of harassment, clear cases of discrimination and violation of employees’ mandatory rights, formal procedures of resolving disputes were more recommended.
The study shows that the respondents consider it important that the concept of mediation is listed in the detailed presentation among other guaranteed forms of protecting employees’ rights. This would enable them to decide on and select the forms of assistance which they consider most appropriate to them.
Legislative framework
There is currently only one legal basis governing mediation in Slovenia – that is, the Mediation in Civil and Commercial Matters Act (Zakon o mediaciji v civilnih in gospodarskih zadevah, ZMCGZ). This act entered into force on 21 June 2008 and defined mediation as ‘a procedure in which parties voluntarily and with the assistance of a neutral third party (a mediator) try to amicably settle a dispute that arises or is connected with a contractual or other legal relationship’. This act lays down the general principles of the mediation process, namely: voluntariness, equal treatment of parties, autonomy of parties, confidentiality of procedure, and impartiality of the mediator.
Types of mediator chosen
One of the important issues emphasised by the study is the type of mediator chosen. There are strong arguments in favour of using both internal and external mediators. An internal mediator is incorporated into the organisational environment, understands the context of the problem/dispute and has good knowledge of the organisation and parties to the dispute. An external mediator, on the other hand, is possibly more objective and impartial, since their impartiality cannot be compromised by strong involvement in the organisational environment. A rather innovative solution was offered by one Slovenian company, where the role of the mediator was assigned to a retired company employee. Retired employees combine the advantages of internal and external mediators since they know the organisation well but are more likely to have achieved greater distance to equip them with the required independence and impartiality. The mediator should receive high-quality education and training. The most appropriate education in Slovenia is organised by the Slovenian Association of Mediators (Društvo Mediatorjev Slovenije, DMS). This association has adopted its own code of ethics, and has a disciplinary and ethical committee, which is a precondition for meeting EU rules.
Mirko Mrcela, Organisational and Human Resources Research Centre, University of Ljubljana