Today the world of work poses ever greater challenges for company management and trade unions. The complexity of employee relations, economic pressures and employees’ rising expectations mean that conflicts between management and unions can become more frequent and more complicated. More and more modern organisations are turning to mediation and facilitation to manage these situations effectively. These methods are an indispensable way of minimising conflict and help in reaching agreement.
In this article you will learn in detail about the role of the mediator and the facilitator. You will see how their tasks and actions can bring you benefits in negotiations with trade unions that were previously out of reach. Above all, one of them is less tension and stress in mutual contacts. You will also see examples of best practice in bringing in impartial mediators and tools that support the process of reaching agreement.
What is mediation in talks with trade unions? How can it help?
Mediation is increasingly used to resolve disputes between two or sometimes more parties. Above all, it is the presence of a third person whose main role is to help the parties find agreement and a joint solution. The aim is to reach an agreement acceptable to both sides while fully preserving the parties’ autonomy in decision-making. The mediator does not impose a solution but helps the parties identify their interests, understand each other’s needs and work out a compromise.
In the Polish legal context, mediation in trade union disputes is regulated by the Act on the Resolution of Collective Disputes. Mediation is recommended as a step before a possible strike, which makes it a key tool for preventing conflicts from escalating.
What exactly does a mediator do? What role do they play?
The mediator stands at the centre of the negotiation process, and their role is crucial at every stage. Their main task is to manage communication between the parties, ease tensions and support dialogue. The mediator takes particular care that both sides are guaranteed an equal voice. The chance to speak helps build mutual trust and understanding.
Neutrality and impartiality – The mediator acts as a neutral party with no interest in the conflict. Their aim is to help both sides work out an agreement.
Managing communication – The mediator helps manage emotions, eases tensions and makes sure communication between the parties is clear, understandable and constructive.
Facilitating dialogue – The mediator supports the parties in their talks, proposes methods of working on the conflict and helps define and identify the parties’ interests. The mediator structures the process and encourages the parties to speak.
Helping to identify interests – The mediator helps the parties understand their real needs and interests, not just their demands. This makes it possible to find solutions that meet the key needs of both sides. It uncovers what is hidden so that it doesn’t become an obstacle to reaching agreement.
Creating an atmosphere of trust – The mediator makes sure both sides feel safe and can openly express their positions without fear of negative consequences.
What do I gain by bringing a mediator into the negotiation process?
You resolve the conflict faster – Mediation helps resolve conflicts quickly and effectively before they escalate into a strike or protest. The presence of a mediator in the early stages often means drastic moves are avoided. Mediation is usually less time-consuming than lengthy negotiations or court proceedings.
You save costs (resources, time and lost efficiency) – Mediation is much cheaper than court cases or long negotiations. Both direct costs (e.g. mediators’ fees) and indirect costs (e.g. profits lost due to downtime) are lower.
You strengthen relationships – Mediation focuses on solving problems constructively, which helps build better relationships between management and trade unions. Instead of focusing on the conflict, the mediator helps the parties understand how they can work together in the future.
You keep control over decisions – The parties to mediation keep full control over the process and the outcomes. The mediator does not impose solutions but only supports the negotiation process, so the parties themselves decide on the final arrangements.
Does mediation work?
In 2018, after weeks of tension and strikes at LOT Polish Airlines, the management and the trade unions decided to use mediation. The situation was already tense. The strike, which halted flights and caused the company significant financial losses, ended after a mediator was brought in and helped the parties reach agreement. The mediator made sure each side could present its position in an atmosphere of mutual respect. As a result, a compromise on pay and employment policy was reached, ending the conflict.
What is facilitation in talks with trade unions? How can it help?
Facilitation is the process of supporting and easing communication between the parties, especially when the conflict is so advanced that both sides struggle to hold an effective dialogue. Unlike mediation, where the mediator is more active in managing the conflict, the facilitator plays a supporting role, helping the parties communicate better and organise their talks.
Facilitation is particularly useful when negotiations run into communication barriers and the parties find it hard to define their priorities or find common points for discussion. In Poland, facilitation is increasingly used in collective bargaining, especially where communication between management and trade unions is hampered by emotions or a lack of trust.
What exactly does a facilitator do? What role do they play?
The facilitator helps the parties conduct their talks without interfering in their content. Their main aim is to create the structure and conditions for effective communication, which allows a better understanding of both sides’ positions.
Structuring the talks – The facilitator helps organise the negotiation process by setting the rules, schedule and order of the talks. As a result, negotiations run in a more orderly and efficient way.
Managing time – The facilitator makes sure the talks follow the agreed schedule, which prevents dwelling too long on one topic or putting off important decisions.
Managing emotions – The facilitator helps control emotions and tensions that may arise during the talks, which prevents the conflict from escalating.
Helping to formulate questions and answers – The facilitator can help the parties ask each other the right questions and clarify their answers, which makes agreement easier.
What do I gain by bringing a facilitator into the negotiation process?
You improve communication – The facilitator helps break down communication barriers and ensures the parties understand each other’s positions better. This makes the talks easier and minimises the risk of misunderstandings.
You negotiate efficiently – Thanks to a clear structure, negotiations become more productive and the parties can focus on the key issues.
You reduce tension – The facilitator helps manage emotions, which keeps the atmosphere of the talks professional even in difficult situations.
You identify priorities faster – The facilitator helps the parties identify and understand their most important priorities, which makes it easier to reach agreement.
Does facilitation actually work?
In 2020, during difficult negotiations on working conditions at Volkswagen Poznań, the parties decided to use facilitation. The negotiations were complicated by numerous differences in the parties’ positions, and the talks dragged on for many months. The facilitator helped organise the negotiation process, structure the topics and create space for constructive dialogue. Thanks to facilitation, common ground was found and an agreement was reached on flexible working time and pay rises.
How do I bring in such a mediator or facilitator?
Involve them as early as possible – It is worth bringing in a mediator or facilitator at an early stage of negotiations, before the conflict escalates. Early involvement helps prevent the dispute from deepening.
Choose someone impartial – It is crucial that the mediator or facilitator is neutral and not connected with either side. Only then can they perform their role objectively and effectively.
Make the process transparent – The mediation or facilitation process should be fully transparent to both sides, so that each can be sure the negotiations are conducted fairly and reliably.
Organise training for trade unions and management – It is important that both trade unions and company management understand how mediation and facilitation work and are properly prepared to use these tools.
Modern negotiation tools such as mediation and facilitation provide key support in resolving trade union disputes. With them, management and trade unions can reach agreement faster and more effectively, avoiding escalation such as strikes. Mediation and facilitation help build long-term relationships based on trust and mutual understanding, which is particularly important in the Polish legal and cultural context.