Solving conflicts with mediation in the workplace

The decision to leave your own country and live and work in another country is a very brave one and brings many benefits (see articles linked below). When conflicts occur a mediation in the workplace can be useful for both parties for solving conflicts.

the workplace in another country is not always easy

Let's imagine the following case: An employee is currently an expatriate in another country, for example Germany, because he lives and works there. He is in a new working environment there. Although a few months have passed and the expat thinks that everything is going well, the complaints about the interpersonal interaction with him are increasing. There are no really objectively provable missteps on his part. However, the working atmosphere with his colleagues and, as a result, productivity are increasingly deteriorating.

As you can see, there are not only good moments, but also various phases of culture shock and dissonance, which can occur not only in the private sphere, but also in the workplace. The latter is problematic when a conflict, which may be based solely on cultural misunderstandings, escalates to such an extent that the employment relationship is jeopardized. In this case, out-of-court dispute resolution in the form of mediation can be useful.

But what exactly is mediation?

Mediation is a conflict resolution process in which a neutral third party, the mediator, supports the parties in clarifying their differences and working out solutions. The aim of mediation is to reach an amicable agreement that is acceptable to all parties involved. Mediation is used in a variety of contexts, including conflicts in the private sphere as well as work disputes. Preferably, the mediator is familiar with employment law and intercultural topics.

What is mediation supposed to achieve in the workplace?

Mediation in the workplace between the employer and the employee / expatriate can be a useful way of restoring peace and re-establishing a constructive working atmosphere. This is because it has been shown that conflicts in the working environment can escalate quickly. This often results in dismissal and a legal dispute before the labour court, which costs a lot of money, time, effort and nerves. In addition, the labour court is obliged to work towards a settlement solution, so it makes sense to start with a mediation before taking legal action.

Here are some key features of mediation:

1. Voluntariness: Participation in mediation is usually voluntary. The parties themselves decide whether they want to accept the process.

2. Neutrality: The mediator is neutral and impartial. He has no decision-making authority and makes no judgments about the parties' disputes. However, it makes sense for the mediator to have experience and knowledge in the area in dispute, such as employment law.

3. Confidentiality: Mediation is a confidential process. Information exchanged during mediation may not be used outside the process.

4. Self-determination: The parties have control over the process and the results. They work together to find solutions that meet their needs and interests.

5. Structured process: The mediation process usually follows a specific sequence that includes the problem identification phase, the exchange of perspectives, the search for solutions and the agreement.

What is mediation supposed to achieve?

The aim of mediation is to find amicable solutions that are acceptable to all parties. It also re-establishes communication between the parties and creates a better acceptance of each other and each other's situation. Mediation processes promote dialog between the parties involved, which can strengthen relationships and build trust, as well as increasing team cohesion and employee satisfaction in the long term. By avoiding lengthy and expensive court proceedings, mediation can be a cost-effective alternative.

How useful is mediation especially for expatriates?

Mediation is a sensible alternative to cost-intensive and lengthy labour court proceedings, especially for expatriates. It often makes sense to have a 1:1 coaching session beforehand, as many problems and ambiguities can already be resolved here and do not have to be escalated to a joint discussion with the employer.

Some aspects are specific to the situation as an expat in another country with a different working culture and different behavioural norms:

1. Cultural sensitivity: Expatriates often come from different cultural backgrounds. Mediation can help to bridge cultural differences and clarify misunderstandings. Especially if the expat has already a very good command of the language in the new country, this can even lead to the misconception that the subtle cultural differences are also well known. While those who speak the new language only slowly automatically enjoy a kind of “puppy protection”, advanced learners often forget that they have learned the language but have not grown up in the culture and therefore cannot know many things.

2. Integration into the team: Expatriates often have to integrate into new teams and work environments. Mediation can help to promote integration and create a sense of belonging.

3. Language barriers: Language differences can lead to misunderstandings. A mediator can help overcome these barriers by promoting clear communication.

4. Emotional support: Expatriates can feel isolated. Mediation provides a space to discuss emotional challenges and find support.

5. Sustainable conflict resolution: As expatriates are often abroad for long periods of time, it is important to resolve conflicts sustainably in order to maintain working relationships and team dynamics.

Overall, mediation in the workplace can be a valuable tool for conflict resolution, especially in multicultural and international contexts where different perspectives and communication styles clash.

I regularly publish articles on the topics of ‘living abroad’, ‘living in Germany’, and ‘expatriates’. If you would like to be coached on your individual path to make this phase in your life easier, please do not hesitate to contact me.

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