Mediation as a mechanism for redress

As the mediation practice at the University of Cape Town (UCT) gears for a move from the Office for Inclusivity & Change (OIC) to employee relations, mediators gathered earlier in July to take stock of their work through their first Community of Practice (COP) meeting.

Mediation is used widely by students and staff – ranging from relational disputes through to complex conflicts arising out of interpersonal racism and related systemic practices. Members of the mediation practice are located across UCT campuses and are comprised of academics and administrative support and service (PASS) staff. 

“UCT’s restorative justice programmes are focused on redress, which has the objective of not only strengthening relationships within the university, but also identifying the systemic challenges (implemented via policy and practices) that result in conflict. Mediation is one mechanism through which UCT’s goals for transformation and organisational ethos can be realised,” said OIC director, Dr Sianne Alves.

“As an accredited mediator, the UCT staff remain part of an external and internal community of practice where they can continue to develop their mediation skills by attending other courses or conducting mediations outside of UCT in order to enhance their own mediation skill set,” Dr Alves added.

Weighing in on the impending move to her office, Employee Relations director, Advocate Barbara Mapara, said: “Employee relations has always held a mediation function for the university. However, the restorative justice mediation training by the Social Justice Network provides complementary skills that focus on rebuilding and repairing relationships among colleagues and students while also considering whether existing policies and relations are catalysing the conflict.”

Formal and informal

“Human Resources are guided by the Labour Relations Act (LRA) in how we go about managing and resolving workplace complaints and disputes. The LRA also guides our policy making. Council approved a combined disciplinary policy three years ago for both academic and PASS staff, whereas in the past that wasn’t the case. Although mediation is not preferred for misconduct matters, the policy recognises informal ways of handling less serious misconduct which does not require a formal approach of handling discipline; for example, where an employee transgresses a less serious case of misconduct, the line manager will address the matter in a less formal approach resulting in issuing either a verbal or written warning,” said Mapara.

“Mediation is enhanced through practice; therefore, you have to implement the skill regularly.”

Several mediators gave presentations of the work they have been involved in over the past six months and brought valuable practical tools and lessons for the rest of the mediators to learn from. Some of these lessons included focusing on enabling line managers to confidently implement the mediation outcomes, where appropriate and in some instances, encouraging line managers to fully realise their role in facilitating discussions between conflicting parties by relying on university policies, which provide support and guidance. It was, however, recognised that in some instances it is healthier to work with a mediator to bring about resolution, expediently.

Alves reflected on the COP: “The first [COP] was a useful space for fellow mediators to learn about challenges and solutions to overcome these challenges. Mediation is enhanced through practice; therefore, you have to implement the skill regularly. By convening the COP, mediators learn from the experiences of others using anonymised case studies. Through these case studies, there are insights that are shared, as well as existing challenges which can be discussed. In this way the mediators troubleshoot approaches that can assist them in their own mediations. As the mediation service strengthens, the new mediators are supported by two senior mediators in the university who continue as mentors for them.”

Mapara concluded: “To be a mediator, you need someone with good emotional intelligence because you will be dealing with people who do not see things the same way. You need to maintain credibility, active listening skills and not be judgmental because a mediator in any case doesn’t have to judge and you shouldn’t be opinionated in mediation sessions.”