Advice about mediation please

[HoneyandHaycorns]

I have been having problems with a member of staff I line manage for over two years. Basically, she can't do her job - not really any part of it. I tried to tackle this informally at first, but we are now in a more formal process. Things have been moving quite slowly as the employee has serious mental health issues and we have had to make various adjustments. We also went through a vey long grievance and appeal process, as she claimed that I was bullying her. Neither the grievance nor the appeal were upheld.

She has now asked for mediation as she believes that there are no issues with her performance and the whole thing is about our relationship. I completely disagree, as I think the relationship would be absolutely fine if I didn't need to address the concerns about her performance. However, I would acknowledge that the relationship has certainly suffered as a result of all that has gone on. I feel frustrated with her because she does nothing to address the very valid issues that I have raised, and spends most of her time instead trying to attack me and spread rumours about me to internal and external contacts. The whole situation has been immensely time-consuming and horribly stressful. I feel very sorry for the employee in question, as it's a horrible situation that she is in, but she is her own worst enemy and is making the situation worse.

We are now nearing the end of the formal process and I think it will end in dismissal. The employee has been given loads of support but it just isn't working and I just don't think that she will ever be able to do the job. I don't think mediation will help because I don't think our relationship is the problem. My boss and HR a

Sorry, posted too soon!

My boss and HR agree but have asked me to go through mediation to show that we have at least tried to make it work. I want to go in with a positive approach but feel like I am just going through the motions. Please help me to work out how to approach this and what I should aim to get out of it.

Hey

I'm no expert but am learning about some things as I am helping a friend who has mental health issues and is in a redundancy situation.

Have HR suggested the possibility of redeployment for this employee?

Thanks for the response. Have discussed the possibility of redeployment, but the employee would struggle with any sort of office job tbh, and wouldn't be prepared to accept anything else. Unfortunately, she isn't even prepared to accept that there is a genuine problem with her work, and without this acceptance, it is very difficult to help her move forward.

Sorry to hear about your friend. It's kind of you to support her through the situation.

Hi there, I run a mediation consultancy so know of what I speak...
Mediation isn't just about 'sorting things out'; it's a private space to express your side of things. So one thing you can get out of mediating is the chance to say to your report how this has effected you as a person and as a manager. Secondly, you may find that there are things which are outside both of your control which have been impacting on things, you may well find out new information whcih might help you see things differently.
Thirdly, working with a mediator can be a useful learning experience for you about how to adopt - in practical terms - the old 'winwin' approach with others, to see it in action and be part of that whole process will be an experiential learning experience and will strengthen your management and comms skills if you go through it paying attention to what the mediator is doing, how you are responding, and so on.
Finally, do you have anything to lose? probably a fear of gettting emotional, saying things you regret/didn't want to, things 'getting worse'. It isvery very rare that this is the result of mediation. The vast majority of parties are very glad they took part even if they don't get an 'outcome'
best of luck

Go through the motions. If mediation becomes part of the motions go along with that too. Take a passive role and calmly respond to whatever the employee says. If it's going over old ground raised in the grievance politely say "that has been thoroughly investigated after you raised a grievance and found to be unsubstantiated". Don't get into a slanting match. Disengage if that starts happening.

I have to say I am pleased your management and HR seem to be doing things by the book, especially when it's a capability issue and the employee refuses to acknowledge or cooperate. I hear so many times where people brush things under the carpet instead of dealing with them or move the problem onto someone else.

I have been through a similar situation as a manager and it was very, very stressful but the right thing to do for all concerned. Make sure you have someone to talk to and hang on in there. It won't be that long until dismissal or resignation if improvement in her performance is unlikely. If there is absolutely no progress being made then it might be appropriate to skip verbal or written warnings and move straight to final written but you'd need to consult with your management and HR on that one.

Thanks both for your comments - really helpful. Am definitely going ahead with the mediation, so it's useful to look at what you've said as I think through how I want to approach this.