Mediation could offer resolution for quarter of NI workforce experiencing poor mental health from workplace conflict

Disputes are inevitable in an ever-competitive business world and resolving disputes efficiently is critical for maintaining important relationships and ultimately retaining staff. Working in private practice for nearly 25 years, I have supported commercial clients ranging across sectors through disputes and increasingly I am seeing the important role that alternative dispute resolution can play.

Traditionally, litigation has been the go-to solution for businesses dealing with disputes. Over recent years Alternative Dispute Resolution – particularly mediation – has emerged as an effective tool because it offers significant cost and time savings as well as confidentiality, control and a range of other benefits, there is a reason why businesses across the UK and Ireland are considering mediation over litigation when facing disputes.

CIPD’s recent survey uncovered that the most common workplace conflict in NI was being undermined or humiliated, afflicting 51% of respondents. This stark figure tends highlight an extremely common area of conflict in family-run businesses where generational leadership can often lead to processes being outdated and younger generations being undermined or ignored.

Family-owned businesses are the backbone of Northern Ireland’s economy, accounting for about 75% of all businesses and providing employment to more than 52,000 people. Family-owned enterprises are an essential part of the business landscape here in Northern Ireland and are a necessity for the growth and prosperity of our region, with their innovation and values strengthening economic resilience and social cohesion.

Unlike with other business relationships, family businesses provide the added challenge of having to sit around the table at Sunday dinner whilst also maintaining positive and productive professional relationships. Maintaining family harmony while ensuring professional, forward thinking people management and succession planning can be complex, but vital. I have facilitated mediations with many family businesses and have seen first-hand how crucial the practice has been in the survival and growth of many highly influential family businesses throughout the country.

The role of the courts is not defunct by any means, and whilst mediation doesn’t preclude the possibility of litigation if it fails to resolve the dispute entirely, in cases where mediation doesn’t lead to a full resolution, it often helps to narrow the issues, making any subsequent legal proceedings quicker and less costly. According to The Centre for Effective Dispute Resolution (CEDR)'s recent Tenth Mediation Audit, the overall success rate of mediation remains very high, with an aggregate settlement rate of 92% with the addition of a 72% success rate on the mediation day itself. In a landscape where time, money, and relationships are critical assets, mediation provides a way to protect and preserve these resources, allowing businesses to thrive even in the face of disputes.

As more courts and tribunals encourage mediation, it’s becoming clear that this approach isn’t just an alternative—it's a smarter choice for businesses looking to resolve disputes efficiently and effectively.

By keeping disputes confidential and giving control to the parties involved, mediation helps businesses navigate conflicts without the heavy toll of traditional litigation and helps them to preserve both their reputation and workforce.