Workplace Mediation : An Alternative Method For Resolving Individual Workplace

Bullying and harassment within the workplace can be attributed to a myriad of factors. The work

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

Cleary, M., Hunt, G. E., Walter, G., & Robertson, M. (2009). Dealing with bullying in the workplace. Journal of psychosocial nursing and mental health services, 47(12), 34-41. doi:10.3928/02793695-20091103-03

This paper compares three studies on workplace bullying. The studies were conducted because workplace bullying is an epidemic that needs to be addressed and it needs to be understood to help future organizations prevent workplace bullying.

Mediation is a very potent option that is considerable in organizations which is utilized for disputes. Essentially, the process is very private, relaxed in setting,unpretentious, and optional. In general, a neutral mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship (“Mediation of Workplace”, n.d.). Mediation can be effective in both union and non-union settings and at all levels of the organization (“Mediation of Workplace”, n.d.).

Unfortunately there is not only bullying in schools, there is bullying in the workplace as well. These are unacceptable behaviors that arise within a workplace situation. Bullying the workplace can take many forms and it’s not easy to always identify. The Fair Work Act 2009 made recent amendments that came into effect in January 2014 to define workplace bullying as occurring when an individual; group of individuals; repeatedly behaves unreasonably towards the worker, group of workers of which the worker is a member; and the behavior creates a risk to health and safety (Le Mire & Owens, 2014). This definition focuses on three main elements of bullying behavior, it is repeated, unreasonable, and creates a risk to health and safety. All three elements must be satisfied in order for bullying at the workplace to be found. Bullying behaviors could be things that are victimizing, humiliating, intimidating or threatening, but it is not limited to just those behaviors.

Workplace bullying is something that seems to be an issue these days. Workplace bullying is inevitable, but does not mean that it is an ignored behavior or neglected to handled (Randle, Stevenson, Grayling, & Walker, (2007). As an organization, creating the definition of workplace bullying is ideal. As a manager, workplace bullying can affect patient care so creating a resolution to this problem is a must. The manager needs to create an action plan to correct this behavior once it is determined a

Workplace bullying is a widespread issue in which people need to be educated on in order to put an end to it. Its causes are complex and multi-faceted and yet preventable. Workplace bullying puts unnecessary strain on the employees It is the employer and organizations responsibility to provide a bully free environment for their employees. Employees should have the right to feel safe in their work environment and be free from workplace bullying. Employers need to be held accountable and have a plan in place to protect the employees from this type of violence. Unfortunately that is not always the case, in some instances the employer is the one doing the bullying. Workplace bullying carries many definitions in which will be

Hanley , Anne O'Rourke, highlights the effects of workplace bullying to be intimidating, emotionally damaging persistent interpersonal abusive behaviour directed at one or several individuals. Workplace bullying is essentially an array of anti-social behaviours practiced by an individual to intimidate their victims within their workplace "over a period of time" or routinely. Furthermore, bullying is catalysed by "internal violence", a form which can vary in meaning (Timo, Fulop and Ruthjerse (2004). Within the European Union (EU) and Australia, bullying is commonly characterised as a "lower-level" violence, whereas in the United States, terms such as harassment, mistreatment, or emotional abuse are preferred (Mayhew and Chappell 2007). Additionally, Hanley and ORourke suggest "horizontal" violence and "mobbing" (group bullying) as other forms of bullying within the workforce to explain the "hostile" and "aggressive" nature groups of individuals abuse their victims with. Hanley and O'Rourke continue that for an 'event' to be acknowledged as workplace bullying, "consensus is that a target's exposure to such behaviours must occur frequently; that the behaviour is repeated over a period of time, and that it is not a one-time/ one-off incident"(Caponecchia and Wyatt 2011; Parzefall and Salin

Civil lawsuits can happen at any moment out of disputes between business partners, family members, neighbors and government individuals and it must be followed by certain steps. for example, pleadings, discovery, trial, and possible appeals. This is how alternate dispute resolutions were developed.

From the worker's point of view, arbitration may not be as compelling as their day in court. Many large corporations require their workers and consumers to sign employment contracts containing mandatory arbitrations as part of their employment policies (Stone & Colvin, 2015). Companies, such as Anheuser-Busch, utilize a dispute resolution process which helps to resolve conflicts before they even go to arbitration. Not only is the dispute resolution process effective, but fewer cases go to arbitration at all. Employees who are represented by a union will often have the union to request the mediation. Employees may use arbitrators if they feel they have been treated unfairly. Arbitration gives the opportunity for the employee and company to make their cases using a third party to present a written decision. The decision is often binding and cannot be taken to court. In some companies, the arbitration contracts can be non-binding, but this is a rare case.

Workplace bullying is type of pervasive practice that an employee experiences from individuals who seeks out supremacy. Bullying can involve verbal, nonverbal, physical abuse and humiliation. This abuse can affect businesses with inefficient way of working that is both costly and preventable (Wiedmar, 2011, p. 35). There are many types of workplace bullying: threats to professional status, personal standing, isolation, overwork and destabilization (Baack, 2012). Some conflict can be face-to-face confrontations in which is the most visible and needs to be handle swiftly. Another form of conflict can involve different types of messaging or social network. I will discuss both the impact on the employee and organizations that’s involved with workplace bullying. I will then discuss a time that I was involved in a situation in which I was a victim of workplace bullying. There are steps that need to be taking when workplace bullying is occurring. At the end leadership and environment must create formula for stopping workplace bullying (Wiedmer, 2011, p. 35).

Bullying in the workplace is the topic that Heeman has addressed and evaluated with the aid of research from additional authors. Communication plays a major role in bullying when brought into the workplace and it can continue for extensive lengths of time if not managed and handled properly. The roles of bullying are included in Heeman’s report which are the bully, the target, and the bystander. The costs on the workplace can be threatening to the staffing, productivity and the overall work environment. Percentages and research are presented proving the amount of bullying that actually takes place in the workplace. Ways to combat the bullying are introduced into the report to include understanding and taking action to stop and prevent the bullying from continuing. Heeman concludes his report by mentioning that researchers need to focus their attention on finding solutions and ways to intercept bullying to lower the statistics and ratios.

There are different types of bullying that take place. Workplace bullying can consist of verbal abuse using choice words such as a form of attacking another person. Another type of bullying can be offensive behavior that can consist of verbal or nonverbal, it can also be threatening and humiliating, or intimidating actions towards another person. Workplace bullying can also be a person interfering with another person work such as trying to sabotage their work. Bullying can be aggressive towards another person with threats or screams.

Bullying in the workplace is one of the most significant challenges facing companies today. According to the Waitt Institute for Violence Prevention nearly half (49%) of all workers in the United States have been a victim or witnessed abusive behavior towards an employee (www.workplacebullying.org). Bullying in the workplace is similar to childhood bullying, but workplace bullies often operate within established policies of their companies. They commit deliberate acts against employees or co-workers disrupting the workplace. Bullies undermine the goals of the organization and create a hostile work environment for all employees. During my career I have crossed paths with several bullies in the workplace. I have been a victim and a