One of the issues facing organisations who have to discipline staff is that it has become so process driven that management is focused on complying with employment law, rather than managing the employee.
A lot of the empoyment law advice I give to business clients tends to focus on the conduct of giving warnings to staff be it on performance or conduct.
Some points to consider.
A disciplinary process is a pressure cooker situation for everyone. You are bound to feel uncomfortable with it no matter what. It is also likely to bring out the worst in you and the employee. As a consequence thorough preparation is key.
Some questions to ask yourself.
What are your motivations? Many disciplinary processes are done with the motive of sacking someone; others are done with the genuine attempt to improve the performance of the employee. A good mediator seeks to elicit the motives of the parties. If you know where you are ultimately going, a better result will ensue.
How (in)secure do you feel? A conflict situation brings the worst out of people and brings to the fore your negative character traits. A good mediator will try to help all the parties to feel more secure.
Do you really understand the other side? A conflict situation makes us feel more self-obsessed. The mediator will allow you to feel more confident and more focused on what the other side is saying.
Do you have an overall gameplan for the disciplinary meeting? As a mediator I seek to encourage parties to think of the long term consequences of their actions. Likewise when you enter a disciplinary meeting, try to think beyond just getting through it.
How ethical do you feel? For long term self esteem, one has to possess integrity. The danger for all of us is that our integrity goes out of the window the more we feel under pressure. A good mediator will help you understand the pressures you face and seek to guide you to a solution.
Justin Patten, Mediator