News

2011

Finding Harmony..., HR Director (December 2011)

In recession, the volume and intensity of organisational disputes inevitably soars. What can an organisation do to protect itself from this tide of destructive conflict? Asks Tania Coke, Senior Mediation Consultant, Consensio

Interpersonal disagreement and difference are inevitable, even healthy features of organisational life. At best, they can foster constructive debate, healthy competition, innovation, and personal growth. At worst, they can degenerate into bickering, resentment, de-motivation and illness. The external environment has a major influence in determining which way it goes. During recession, it is usually the latter, degenerative pattern that wins out. The additional stresses of job and salary uncertainty that accompany recession typically serve to exacerbate the downward spiral of hostility and self-defensiveness. But is there anything an organisation can do to prevent the surge of destructive conflict that recession seems inevitably to bring? What are the personal qualities that can enable employees to defy the destructive tendency of conflict, even in a recessionary environment? And how can organisations best promote these qualities within the workplace?

 Two qualities can help employees to resist the degenerative forces of conflict.  The first is a sense of personal empowerment. Conflict generally brings out a sense of powerlessness in the affected parties. Each party sees themselves as the helpless victim, and the other as the evil perpetrator with sole responsibility for the conflict situation. Until the individual is able to accept some degree of responsibility, take decisive action to improve the situation, and accept the consequences, the conflict will remain festering under the surface. A second quality needed for constructive handling of conflict is the ability to take perspectives. In conflict we usually lose this ability, becoming increasingly entrenched in our own position. We also lose the desire to listen to the other party, to try to understand what that person feels, and why they acted as they did. For conflict to have constructive potential, the individuals concerned need to regain the ability to see perspectives other than their own.

But these two qualities, which may come naturally when times are good, are hard to access in times of conflict, let alone in the paranoiac atmosphere that recession usually brings. Nevertheless, there are ways to influence the culture of an organisation, and to promote desired qualities and behaviours that perpetuate constructive rather than destructive conflict from occuring. In order to foster the desired qualities of personal empowerment and perspective-taking, the organisation needs to have the right culture and processes in place. In particular, it needs to pay careful attention to the style of its leadership, as well as available conflict management processes.

These qualities are more likely to flourish in an organisation when they are clearly evident in its role models. In order to encourage perspective-taking, those in positions of authority need to clearly demonstrate behaviours such as eliciting opinions, listening impartially, and encouraging open debate – both in everyday dealings and in times of conflict. To promote empowerment and personal responsibility among employees, leaders need to be visibly putting trust in their people, giving them appropriate autonomy, and, if the situation demands it, accepting personal responsibility for failure. All these desired behaviours can be reinforced through recruitment, training and evaluation. But the living example set by leaders and managers is arguably the number one determinant of organisational behaviour.

 Another factor which will directly affect the organisation’s ability to handle conflict, is its conflict management processes. In most organisations, the typical response to a workplace dispute (other than ignoring it in the hope that it will go away) is to resort to grievance or disciplinary procedures. And yet, few would disagree that these simply fan the flames of destructive conflict. But there is a less formal process for handling conflicts that does the opposite, and which the government is increasingly promoting for this very reason: mediation. Mediation arguably provides the best opportunity for parties to regain a sense of personal empowerment and perspective-taking. From the outset, it is made clear to the parties that the mediator will not be making decisions on their behalf, or making judgements about the rights and wrongs of the case. Only the parties have this right. Secondly, by allowing the parties to have a free conversation with one another, as opposed to pleading their case to an arbitrator, the parties have a far better chance of being open to one another’s perspectives. 

Click here to view the PDF version of this article.

Mediation: Part Four - How to deal with the outcome, HR Zone (November 2011)

Tania Coke, Consensio

When destructive workplace conflict rears its ugly head, it will typically be an HR professional who suggests mediation as an option to try and resolve the situation

By the time the case gets to mediation, this ‘referrer’ will probably have invested significant time and emotion in it and will most likely have expectations about the outcome, both personally and in an organisational sense.

But because of the principles of confidentiality and self-determination that were talked about in the last article, referrers cannot take part in mediation meetings, even as an observer, nor can they attempt to influence the outcome. They have to let go of the reins and trust both the participants and mediator as they step into that mediation room.

Once the session has concluded, referrers are likely to have a role to play before the case can be completely closed, however. This is because there are a number of outcomes that HR professionals can expect to see as well as a range of support and follow-up activities that they may need to provide subsequently.

Typical outcomes

Mediation outcomes tend to fall into one of five categories:

1. In the best case scenario, participants will leave the session with their conflict having been fully resolved. Everyone will have a clear understanding of each other’s perspective, goodwill will be restored and they will begin working together collaboratively, possibly in accordance with a written agreement that was jointly designed during the meeting.

2. The parties concerned may leave mediation with an improved understanding of what went wrong in their relationship, but trust has not been restored fully. In the weeks following mediation, they may be able to determine whether they can work together effectively and whether the good intentions expressed during the session can be borne out over time.

3. In some cases, people leave mediation still feeling raw and angry but, as time passes, they come to realise that the intervention enabled them to understand each other better and the relationship subsequently improves.

4. Each individual leaves mediation thinking that the conflict has been resolved, only to find that they failed to address the core issues and, as a result, relations begin to sour again over time. In such instances, it can be particularly valuable for mediators to follow up the original meeting and identify whether there are opportunities for further discussion in order to give things a second chance.

5. It may be that, having listened to one another during mediation, participants decide that they cannot or will not work together constructively in future. They may subsequently choose to proceed with formal processes such as disciplinary hearings or see if there are options for working in separate teams.

In extreme cases, one of the individuals concerned may even decide to leave the organisation. But even in those situations where mediation does not result in agreement, people will often report that they appreciated the opportunity to speak to one other and that it helped them move on from the conflict and find closure.

Sharing information

Since mediation is a confidential process, referrers cannot expect to hear the details of any conversations that took place or of any agreement that was reached, unless both parties agree to share the information. Mediators are bound by confidentiality principles so they cannnot pass on any insights regarding mediation to either HR or management.

As for the parties involved, the level of detail they chose to report back to others is a matter for them to jointly decide. In some cases, having successfully devised a written agreement, they may wish to share this document with the referrer or a trusted third party.

In other cases, particpants may reach a decision that requires action or support from HR – for instance, if a particular training need is identified, it will need to be communicated to HR so that action can be taken. In other cases, however, the people concerned may choose to disclose nothing other than whether or not a written agreement was signed.

The latter scenario can be deeply frustrating for referrers, who may have been deeply involved in the case prior to mediation, because they can find it difficult to detach emotionally after having invested so much. But if mediation as an informal dispute resolution technique is to succeed, everyone concerned has to know that confidentiality is taken seriously.

Breaching this principle could ruin mediation’s reputation within the organisation and, therefore, ruin any chance of being able to use it successfully again in the future. 

Follow-up and support from HR

For quality control and service improvement purposes, it is common for mediators or HR departments to carry out post-mediation satisfaction surveys. These provide valuable information on issues such as: Was the mediator impartial? Was the process useful? How satisfied was everyone with the outcome? What could have been done to improve the service?

It can also be helpful for HR to touch base with participants in person after mediation in order to check whether there is any further support that can be provided and to gather informal feedback about the process and the mediator – but always within the bounds of confidentiality.

Follow-up and support from mediators

After the session, mediators will also usually follow-up with all parties concerned either because they have requested it or because the mediator has offered to do so. Such follow-up typically takes the form of telephone conversations, which occur at agreed intervals.

In some instances, participants will ask for a follow-up meeting in order to review progress and clarify any outstanding issues. If a written agreement was produced, the follow-up session may require the document to be revisited in order to see how it has worked in practice and to make amendments if necessary. 

Human relationships are complex, constantly shifting phenomena and the road to recovery from a relationship breakdown can be rocky and unpredictable. But mediation, when carried out with appropriate integrity and diligence at every stage, can prove an effective tool to support people on this journey.

Tania Coke is a consultant at mediation consultancy, Consensio.

Link to the article: http://www.hrzone.co.uk/topic/managing-people/mediation-part-four-how-deal-outcome/115515

Mediation: Part Three -How to prepare participants effectively, HR Zone (November 2011)

Tania Coke, Consensio

The prospect of attending a mediation session in order to try and settle a workplace dispute can be very daunting for everyone concerned.

So what can HR professionals do to support people and help prepare them for the big day?

1. Clarify the mediation process

Most providers supply all parties with a written document that gives a detailed outline of the mediation process, including the fact that the average duration of a session, if two people are involved, is a full day.

This full day typically starts with each of the individuals concerned getting together with the mediator for a confidential meeting that usually lasts about an hour. Once these sessions have taken place, a joint meeting can then begin and each person is given an initial opportunity to speak without interruption.

These monologues are followed by an open exchange of views about what has taken place and how the situation has affected all parties concerned. The mediator supports the participants through this process, giving them the freedom to choose what they want to discuss and how.

Once they have had sufficient time to explore these issues, it is usual for people to start evaluating the kind of relationship that they wish to establish going forwards. This discussion may involve negotiating a specific set of actions that each party agrees to undertake or it may lead to a verbal commitment or expression of intent.

Participants next decide if and how to record the outcome and whether they want to show it to third parties. Most mediators are also happy to offer each individual follow-up calls at agreed intervals in order to provide them with a sense of ongoing support. 

2. Explain the principles of mediation

The aim of the written document, which is sent to both participants and the HR department before mediation day, is to explain the principles under which mediators conduct meetings. Most professionals will make telephone contact with the inviduals concerned prior to the session in order to introduce themselves, answer any questions and talk through any concerns.

The four key principles on which mediation is based are: confidentiality, impartiality, voluntarism and self-determination.

Confidentiality is often formally captured in an agreement that is signed by everyone before the meeting begins. The mediator commits not to pass on anything said during the session to anyone else, including HR, without the explicit approval of all parties.

Moreover, anything that any individual said to the mediator during their initial one-to-one meeting will not be raised during the joint session. Likewise, all parties commit to keep the contents of mediation discussions to themselves, with the exception of anything that they jointly agree should be communicated to third parties.

The principle of impartiality assures everyone concerned that the mediator will not take sides or decisions about who is right or wrong in the dispute. Instead they will provide each participant with an equal opportunity to speak and to be heard, and will reflect back what was said without bias or judgement.

According to the principle of voluntarism, mediation only proceeds if all parties engage willingly in the process. Self-determination, meanwhile, ensures that the content and outcomes of all discussions are mutually agreed upon.

These last two principles encourage each individual to take responsibility for their situation and to own the resolution, making it more likely that any agreement will be adhered to.

3. Establish goals and expectations

Before mediation day, providers typically send participants a short questionnaire to help them evaluate how they wish to use the session and what they hope to gain. The questionnaire may also prompt them to think about their expectations and what the best, worst and most likely outcomes of mediation would be.

This preparatory exercise is intended to help people understand what is required, what they stand to gain and what options they have if the process is not successful. It also reinforces the principle of self-determination by helping them gain a sense of ownership over the situation and its outcome.

But HR will also have its own goals and expectations around such activity. While mediators will make it clear that participants are in complete control of the outcome, HR professionals may wish to clarify their position, for instance, their hopes that working relations will be restored or their commitment to providing further support to help both parties move on, if required.

4. Get the basics right

Because everyone concerned is likely to feel vulnerable in the run-up to a mediation session, it is all the more important that HR ensures nothing goes wrong in terms of planning and logistics. Such activity includes booking appropriate rooms, making arrangements for lunch and refreshments and clarifying arrival and finishing times.

The choice of rooms is very important, for example, as it sets the tone. But ideally, three rooms should be set aside for the whole day - one for the private meetings; one for the joint session and one as a break-out room, if required, later in the day.

These rooms should be away from participants’ usual work spaces – and ideally be located in a different building – in order to guard against people having to pass colleagues in the corridor.

But it is also worth thinking about what to tell other team members and colleagues about the situation. Sensitivity will be required here to avoid creating any additional anxiety for participants.  

Finally, everyone concerned will need to prepare themselves mentally for what is to come. Mediation is a demanding process as it often involves confronting painful memories and discussing highly emotional issues.

This means that people will need to psych themselves up in order to summon enough energy and concentration to make the most of it. They should also be prepared to dedicate an entire day to the process without feeling that they need to return to their desks or become distracted by other matters.

As a result, one of the best bits of advice that HR can give to participants is simply to get a good night’s sleep the night before so that they are more likely to come to the session with a clear head and an open mind.

In the last article of the series, however, we will explore what the likely outcomes of mediation are and how HR professionals can go about supporting participants going forward.

Link to article: http://www.hrzone.co.uk/topic/managing-people/mediation-part-three-how-prepare-participants-effectively/115301

Mediation: Part Two -How to find the right provider, HR Zone (October 2011)

Anna Shields & Tania Coke, Consensio

The mediation industry has no single regulatory body.

The Civil Mediation Council runs a workplace mediation provider registration scheme, which provides a register of mediation suppliers.

Although this is a positive step forward, as yet there is no single code of good practice for workplace mediators and the scheme relies on self-certification. As a result, after having decided to engage the services of a mediation specialist, how do HR directors set about choosing the right provider to partner with?

How can you be sure that you have selected the best mediator for a given case? What are the key differentiators between available suppliers and what questions do you need to ask in order to give the approach the best chance of success?

Here are some questions to ask yourself:

What type of mediator am I looking for?

Mediation is a generic concept that is frequently used to describe an independent third party (the mediator), who helps parties in dispute to come to a mutually acceptable agreement.

In an organisational setting, however, it is important to distinguish between employment mediation and workplace mediation. An employment mediator is usually brought in to handle the ending of a contractual relationship between an employee and employer. 

In contrast, workplace mediation tends to refer to an ongoing working relationship between two or more members of staff who are in dispute. These cases often include relationship breakdowns; personality clashes; communication problems; sickness absence due to work-related stress; allegations of bullying and harassment and discrimination.

What style of mediation am I seeking?

Different providers practise different styles of mediation. The most common distinction is between evaluative mediation and facilitative mediation. In evaluative mediation, the mediator plays a much more directive role in structuring the conversation and steering participants towards a certain outcome.

In facilitative mediation, on the other hand, the mediator does not make judgements and does not offer advice. Instead they help the different parties to communicate directly with one another and agree a way forward without the need for external influences or input – an approach that is common in workplace mediation.

In choosing a provider, therefore, you will need to consider which approach best matches the corporate values and management style of your organisation as well as the needs of the particular case.

The choice of mediation style can, in fact, be used to reinforce or influence your organisational culture. By committing to facilitative mediation, for instance, you can actively support an organisational commitment to employee empowerment, devolved decision-making and the open exchange of views and feelings.

What experience does the mediator have?

Whether you are engaged in a long-term strategic partnership with a mediation provider or are using them on an ad hoc basis, you will need to be comfortable with their suitability for any given case.

As a result, it is important to consider the following questions:

• Do the mediators have appropriate training, accreditation and qualifications?
• Do they work to a recognised code of practice such as the European Code of Conduct for Mediators?
• What is their case experience and how regularly do they conduct mediations?

A mediator is commonly considered experienced if they have completed more than 50 cases on a diverse range of issues of varying levels of complexity. You may prefer them to have specialist expertise in your industry or in the area of the particular dispute you are currently dealing with.

Technically, such specialist knowledge is only really necessary in the case of evaluative mediation, when the mediator is authorised to influence the outcome. In the case of facilitative mediation, their role is not to make judgements so specialist expertise is not required and may even be a hindrance.

What relationship do I want with a mediation provider?

It is also necessary to consider what kind of relationship you wish to establish with your mediation provider. Do you need a provider to work for you on an ad hoc basis? Or are you looking for a strategic partner to help you manage your overall approach to organisational conflict?

Different mediation providers can offer varying levels of support and specialism. You will need to consider whether you are currently, or in the future, likely to need support in any of the following areas:

• Training and developing in-house mediators
• Setting up and administering an internal mediation scheme
• Keeping abreast of relevant regulatory developments
• Measuring the cost of organisational conflict over time and so forth.

For additional services of this type, you would do best to partner with an organisation that has an acknowledged specialism and expertise in the field. You can get a sense of this from their market reputation as well as their level of industry involvement.

Ask youself whether they demonstrate thought-leadership by having had articles and/or research published, for example. Find out what types of clients they work with. Get references so that you can speak to someone who has worked with them and can give you an honest and impartial appraisal.

What should I do next?

Having identified a potential provider, either yourself or someone appropriate from your organisation should attend a meeting with them or take part in one of their mediation seminars or training courses. Such activity is especially important if you are seeking a long-term partnership.

Meeting the supplier face-to-face will also give you the clearest insight into their mediation style and approach. It is also the best way to ensure you fully understand their role and know what to expect from mediation.

For example, attending a training class will help you see the importance of mediator confidentiality – such professionals never pass on information about what was discussed during a mediation session to HR or any other third party without the explicit consent of all parties involved in the dispute.

This confidentiality makes it all the more important to choose the right mediation provider. Since you cannot observe them in real life cases, you need to be able to trust in their integrity and skill. 

In the next article, we will review what HR can do to help participants prepare for the daunting prospect of mediation. 

Anna Shields is co-founder and joint director, and Tania Coke is a consultant at mediation consultancy, Consensio.

Link to article: http://www.hrzone.co.uk/topic/managing-people/mediation-part-two-how-find-right-provider/115118

Mediation: Part One - When to use it and why, HR Zone (October 2011)

Alex Efthymiades & Tania Coke, Consensio

Mediation is increasingly gaining prominence as an effective means of resolving workplace disputes.

Yet for many organisations, it is still a relatively untested approach compared to more formal processes such as disciplinary and grievance procedures.

In the first of a four part series on the subject, we provide guidance on how to ensure that a case is suitable for mediation and explore the most common questions that arise when considering whether it is suitable as a dispute resolution option.

1. What is mediation?

In short, mediation comprises a conversation, facilitated by an impartial mediator, between two or more people who are in conflict. The conversation is confidential in order to enable open and honest dialogue.

The various parties determine the outcome of the conversation themselves and may or may not want it recorded in a written agreement. Importantly though, mediation is a voluntary process, which means that participants cannot be forced to attend.

In this sense, the responsibility for deciding whether a given case is suitable for mediation lies with the parties concerned. But HR can play an important role in helping them to evaluate whether such a course of action is appropriate for them.

2. Why choose mediation over more formal procedures?

In comparison to more formal processes such as disciplinary procedures, mediation brings individuals together with the aim of having an open and honest conversation with each other. This face-to-face dialogue enables each person to see the situation from the other’s perspective.

Although participants generally speak ‘factually’ about what has happened to them, mediators understand that conflict and subsequent relationship breakdowns are often due to differing perceptions and misunderstandings rather than facts.

But mediation, unlike more formal processes, does not look for a victim and a perpetrator. Instead the focus is on allowing both parties to understand each other better in order to move on from the conflict towards a healthier and more constructive working relationship.

Being a flexible process, however, mediation can be used instead, alongside or following more formal procedures, although experience shows that it is most effective when used at the earliest stages of a conflict before individuals’ positions become too entrenched.

3. What kinds of cases are suitable for mediation?

Mediation can be used to resolve a surprisingly wide range of workplace issues. These include relationship breakdowns; personality clashes; communication problems; sickness absence due to work-related stress; bullying allegations and harassment and discrimination.

The common thread running through these issues is that they are generally based on people’s differing perceptions, experiences and expectations. This means that allowing someone to talk about the impact that their colleague’s behaviour has had on them and to hear how and why they acted in a particular way helps each party to understand one another better.

Such communication can, in turn, contribute to creating a more constructive, collaborative relationship.

4. Will mediation resolve all types of conflicts?

Mediation may seem like a riskier option than instituting more formal processes because the idea of two conflicting parties coming together in a room and being given the space to talk freely about their feelings may seem alarming.

But the fact that they have willingly chosen to engage in the process usually suggests that their intention is positive. Moreover, venting emotions is often an essential stage in enabling everyone concerned to let go of the past and move on.

Having a solution imposed on people via a more formal grievance or disciplinary procedure may seem like a resolution on the face of it. But, for many, the issues remain festering below the surface until they have had a chance to let the other person know how they really feel or can ask them why they did what they did. 

A trained mediator knows how to support both parties as they express their honest feelings towards one another, which is one of the unique advantages of the approach. Even if a conversation gets heated, as long as the parties choose to continue, the process is serving its purpose.

5. What if there is an extreme power imbalance between the parties concerned?

It is all too easy to assume that an individual of lower rank has less power but, in a mediation situation, everyone’s view point is valid. The mediator will not pander to power imbalances based on any participant’s position or behaviour.

More often than not, both parties perceive themselves to be a victim in some way anyway. A good mediator will, therefore, treat everybody with impartiality and as equals, regardless of their status.

6. What if there are more than two parties involved in the conflict?

The process of mediation is flexible and can be adapted to handle any number of people. This is often referred to as multi-party or team mediation. As in a two-party mediation, the mediator will typically meet each individual separately before facilitating a joint meeting between all concerned.

If the number of participants is high, it will inevitably be a lengthier process. But it is time well spent when compared with the potential months of bickering, stress and reduced productivity that can result when conflict is not appropriately addressed.

Although a team mediation is often a more challenging experience than a two party one given the complexity of having multiple viewpoints being expressed together, it can be a golden opportunity. Teams frequently come out of such a scenario with a far greater understanding of one another than they did before the conflict began.

In conclusion, mediation is appropriate whenever all parties in a dispute are willing to enter into a conversation with each another, supported by a trained, impartial mediator. While the approach can be used in a number of scenarios, it is the warring parties themselves who are best placed to decide whether they are willing and able to get involved.

In the next article, we will evaluate how to choose the most appropriate mediation provider and look at what questions you need to ask in order to have confidence in them.

Alex Efthymiades is co-founder and joint director, and Tania Coke is a consultant at mediation consultancy, Consensio.

Link to article: http://www.hrzone.co.uk/topic/managing-people/mediation-part-one-when-use-it-and-why/114894

Success and sustainability in mediation, HR Magazine (August 2011)

Tania Coke, Consensio

In January this year, the UK Government announced details of a consultation on workplace disputes, directly aimed at achieving earlier resolution of conflict for all parties involved. The Government is considering how organisations can make more use of dispute resolution tools such as mediation and is seeking further information on its use, costs, benefits and barriers.

Many HR departments are now turning to mediation instead of formal processes when it comes to resolving conflict between their staff. Some have invested heavily in training and supporting in-house mediators, embedding mediation in existing processes and promoting the scheme internally. But at what point can these schemes claim success? How can an organisation assess the pay off of its investment, both in the immediate aftermath of a mediation, and further down the line?

This article will explore the concepts of success and sustainability in mediation and propose that success should be tracked through a combination of measurements and indicators.

Challenges of Defining and Measuring Success

There are many potential stumbling blocks involved in defining and measuring the success of mediation; but they can be avoided. We recommend the organisation begins by addressing three questions about what success would look like for them.

Firstly, should an organisation track the quantitative, objective measures or the less tangible effects on human relationships and organisational growth, or some combination of both? Secondly, what is the appropriate time frame for measuring success? Human relationships are complex issues that evolve over years. Whilst parties may leave mediation feeling that their issues have not been fully resolved, after a few days or weeks of reflection, they may come to realise that the mediation significantly helped them to understand one other, and opened the door to a more collaborative relationship. Conversely, the parties may leave the mediation room feeling euphoric, only to see their newly-restored relationship deteriorate as time goes by. Thirdly, there are many stakeholders involved in any conflict situation, including the parties themselves, team-members and colleagues, managers, HR and Unions. Measuring success in mediation begs the question: success for whom? It may be that as a result of mediation, the issue is resolved from the point of view of HR, whilst the parties are left feeling just as frustrated as before. Or, the parties may feel that the conflict has been resolved but HR is not satisfied with the outcome. Ideally, all stakeholders will view the mediation as successful. But reality may differ.

Common Definitions of Success

 After considering these questions, the organisation must then select from a range of possible options to measure the success of mediation. One of the most commonly used metrics is the settlement rate, namely the percentage of mediations that result in a signed agreement or action plan (within a given time frame). A slightly broader version of this is theclosure rate, which is the percentage of mediations that settle plus those cases in which the complaining party drops the formal complaints. These measures are clear, easy ways to quantify time and cost savings. But the evidence they provide is limited, for how can we prove that an outcome is directly attributable to mediation, when there are so many variables at play?

Many organisations also track the number and cost of formal processes (Employment Tribunals, Grievances and Disciplinary Procedures) and measure the extent to which these decline following the introducing of a mediation scheme. This can certainly provide an indication of cost savings at an organisational level, and help to justify the expense of introducing mediation. The tricky part is knowing how to measure these costs. Typically, organisations fail to take into account the hidden costs of conflict, e.g. sickness leave and cost of temporary replacements. And what about the costs that are more complicated to measure such as the effects on staff morale or company reputation?

Another interesting measure is the participation rate: the percentage of employees offered mediation who agree to participate. The assumption underlying the use of this measure is that any conversation held in a mediation context has value, because it promotes direct communication. This in itself is important, as for most parties in conflict, face-to-face communication has completely broken down. The mere fact that parties are talking to each other again can be seen as a sign of success.

All of the above definitions, in focusing on the tangible evidence of success, fail to quantify the human benefits of mediation, in particular its ability to reduce suffering and thus improve working relationships. To address this concern, many organisations use some form of post-mediation satisfaction survey. The questions can vary from overall satisfaction to more specific factors such as 'being listened to' or 'getting a chance to hear the other person'. Satisfaction surveys can yield statistical data as well as quotes and testimonies. Whilst these can powerfully convey the human benefits and intuitively demonstrate success, they cannot yield quantifiable financial indicators. Moreover, for practical reasons, satisfaction surveys are generally carried out shortly after the mediation takes place and therefore fail to reflect how the relationship fares in the longer term.

Another way to define success is by referring to the effects on personal and organisational growth. Parties who have attended mediation are often better placed to handle conflict when it next crops up. Training internal mediators can have clear upstream benefits, as the mediators' skills spill out into the wider workforce. And simply by investing in a mediation scheme, an organisation is sending out a message that it takes its people seriously. Through all these effects, introducing mediation can help to build a culture of openness, empowerment and personal responsibility. But measuring these upstream effects is necessarily challenging since the benefits are incremental and occur over a period of years. Evidence will be largely anecdotal and intuitive; although employee surveys can also provide useful indicators.

In conclusion, an organisation introducing mediation needs to be very clear from the outset what it defines as success. With the support of a conflict management specialist it can then design a practical but comprehensive framework to measure that success through a tailor-made combination of metrics. Through careful planning of this kind, the organisation stands a far greater chance of gauging the pay-offs of introducing mediation and recognising success when it comes.

Link to article: http://www.hrmagazine.co.uk/hro/features/1019918/success-sustainability-mediation

How mediation helps Camden council reduce grievances, The Guardian (July 2011)

Sue Rice explains why the borough has developed an in-house mediation service for its staff.

Mediation has been used in Camden to address a range of different issues including relationship breakdowns, personality clashes, communication problems and allegations of bullying and harassment. This has been a challenging time across the public sector and I am pleased that we are able to continue to offer this service to our employees despite budget cuts across the council.

We launched our own internal mediation service last summer. We were already successfully using external mediators on an ad hoc basis and we were keen to develop capacity in-house to offer our employees an alternative to using formal channels. We hoped that mediation would reduce the reliance on grievance procedures, which can have a long-term negative effect on all parties involved. Through setting up an in-house scheme, we wanted to encourage individuals to work through their difficult situations together and to provide a more streamlined approach to resolving disputes.

To develop our mediation scheme we used Consensio, a specialist workplace mediation provider. Consensio assisted us throughout the difference stages of developing our service, including training our mediators on an accredited mediation course. The council employs approximately 4,900 staff (excluding schools) and we wanted the service to reflect our diverse employee base and to be accessible to all.

We used multiple channels to raise awareness of mediation, both in the recruitment of the mediators and in the subsequent launching of the service. After advertising for mediators on our intranet, we had a huge response. It was great to see the wide range of skills from applicants and after an extensive selection process, 12 mediators were selected for training in May last year.

The accredited course took place over six days and was highly experiential, challenging and fun. There was a real focus on developing practical techniques through group discussions, activities and practice. Each role play was tailor-made to reflect conflict situations that we were likely to face once we started mediating within Camden. The trainers on the course, who were all experienced mediators, gave us a lot of detailed feedback on our mediation practice. The training equipped us with the tools to go out and mediate, and we were all excited (and somewhat nervous) about mediating in real life.

Our mediation service is free to Camden employees and can be accessed directly at the request of a manager or may be recommended by a member of HR who is involved in a case. Mediation forms part of our grievance policy and we have also developed a range of documentation to provide all parties with relevant information before agreeing to go ahead with mediation.

As a trained mediator and mediation coordinator, I oversee the whole service. I work in human resources and, at times, it has been hard to juggle my day job with the mediation co-ordination role. However, the mediators have been great at helping out and taking the initiative once a mediation case is referred to them.

We have established an internal mediation network to support our mediators and facilitate the sharing of learning and experiences while ensuring confidentiality around specific cases. This has also been important to help keep skills active as some of our newly-qualified mediators don't have the opportunity to apply and practice their mediation skills on a regular basis. However, we all find that the skills we learned on the course are transferable and therefore useful to us in our day jobs as well as at home!

As I reflect on the first year of the scheme, I am proud of what we have achieved so far. The service has been used across our directorates, and it has received wide support throughout the council, including from senior management and staff. We will continue to evaluate our mediation service, and we are confident that the costs of running the service are far outweighed by the costs of unresolved conflict. I have really enjoyed working with different people across the council and we have had some real success stories. Although not every case can be resolved through mediation, when mediation parties and managers feed back to me that mediation has made a real difference to them it makes my job worthwhile.

Sue Rice is the mediation coordinator for Camden council

Link to article: http://www.guardian.co.uk/public-leaders-network/2011/jul/22/mediation-camden-council-grievances

Up for discussion: Mediation, People Management (June 2011)

Carly Chynoweth 

Mediation can solve workplace disputes long before they reach employment tribunal at a much lower financial and emotional cost. So why don’t more organisations adopt this technique?

Workplace disagreements are expensive; last year, employment tribunal claims cost British businesses £1.6 billion in fees, awards and out-of-court settlements, according to recruitment consultancy Ambition. The average cost of defending a claim, it says, is £8,500, while the average settlement is £5,400. And that’s even before you factor in the cost of management time, sickness absence, lost productivity and damage to reputation. Five years ago, the Centre for Dispute Resolution, a not-for-profit organisation, estimated the total annual cost to the country at £33 billion.
 
So it’s no surprise that the government wants to find out how disputes can be resolved earlier and at less cost. “We believe that there are too many tribunal claims and that many of these could probably have been dealt with at an earlier stage,” says Edward Davey, minister for employment relations. “This is why we launched our consultation in January. We wanted to identify ways to encourage earlier resolution of workplace disputes and – where parties do end up in tribunals – to ultimately streamline the system.”

The consultation, which closed on 20 April and is now awaiting a response from the government, sought views on how more workplace disputes could be resolved fairly without going to tribunal, and how tribunals could be as fast and effective as possible if they were used. 

One of the most interesting tools being used to solve problems before they reach tribunal is mediation. This is an informal technique whereby the parties to a dispute work out their own solution, with guidance from a trained mediator either from within the company or brought in from outside. It’s a voluntary approach that stops people hiding behind process and gets them talking, says Alex Efthymiades, co-founder of Consensio, a mediation provision and training company. “What we are trying to do is re-humanise people, to allow them to sit in a room together and talk about what’s bothering them about their behaviour or their relationship, without blaming anyone or jumping to conclusions.” This approach leads to longer-lasting solutions and is more sensitive to the feelings of people involved, she says.

It’s also considerably cheaper. Acas figures suggest that the average cost of an internal mediation is £700, rising to £2,000-£2,500 where external mediators are used – still considerably lower than the estimated £4,000 cost of formal procedures. East Lancashire Primary Care Trust claimed direct cost savings of £213,753 in the first 18 months of implementing an internal mediation scheme. This was calculated by comparing the cost of a typical three-day mediation with the cost of management, staff and union time taken up by formal processes, including employment tribunals, plus the cost of settlements, legal advice and any related sickness absence. These calculations may be over-optimistic, according to an Acas study of the case, which suggests that mediation costs a little over half the amount of a formal process, rather than a fifth, as the earlier figure suggests. But there are definitely savings to be made.

However, the main advantages are not simply financial, according to Gill Catlow, HR business partner at East Lancashire NHS Trust. “Benefits include improved relationships between staff, a reduction in sickness absence and stress and better staff retention,” she says. Changing from a system that relied on a formal grievance process to one that encouraged mediation cut out a lot of bureaucracy and allowed many disputes to be solved much faster, she says. Most mediations were successful and those involved found the experience positive.

Despite evidence that mediation can have very real benefits, only 5 per cent of businesses studied by Acas have actually used it to resolve workplace disputes. So why isn’t it embraced more widely? “That is the question that gets asked about every good management practice and the answer is elusive,” says Mike Emmott, CIPD employment relations adviser. “One aspect is that you need an investment of imagination, effort and resource to change the way that organisations behave. Although those of us who have looked at these issues believe that it is a no-brainer, we have to persuade people who have many other distractions to adjust their mindset,” he says. 

Unions, too, can be disinclined to support it, perhaps because they see it as undermining their role in negotiating on members’ behalf, says Richard Saundry, reader in international employment relations at the University of Central Lancashire. 

Any attempt to win people over needs to start with ensuring they know what mediation is – and what it isn’t. “There is a lack of clarity and understanding about what we mean when we say a case has been mediated,” Efthymiades says. “People think that it is part of a formal process, and it’s not. For example, sometimes we work on cases where parties do not understand that it is voluntary, that it is supposed to be outside the formal process or that it does not mean that a case won’t then go to a grievance or disciplinary hearing.”

Mediation does have its limitations. It can be very useful in some types of disputes, such as those stemming from interpersonal conflict or relationship breakdown, but it is less likely to be appropriate for dealing with contractual disputes. Acas believes that it may even be counterproductive if used where the problem is only one aspect of wider bad behaviour, such as harassment. 

John Crawley, founder and chairman of CMP Resolutions, does not think forcing people down a particular route, through legislation or other approaches, is a good idea. Instead, he’d like to see more work done to “nudge” people towards mediation. This is an approach often associated with public health: not telling people what to do, but subtly reframing issues to steer them in a particular direction. “We should start by renaming grievance procedures as grievance resolution procedures,” he says. 

And there’s a lot to be said for training all managers – not in mediation per se – but in how to deal with disputes as soon as they arise, rather than letting them grow and fester. The government certainly likes this idea: “We support the view that workplace problems could be prevented from escalating into disputes if line managers were better able to manage conflict when it first arises,” Davey says. “This could be achieved through the ability to have what are often termed ‘difficult conversations’.”

Crawley agrees that the ultimate goal should be creating a culture that supports effective conversations between people. “Helping people to think ‘I can have that difficult conversation’ is the place where mediation can have a major impact and can avoid things going to any sort of procedure, let alone a formal one,” he says.

The move to mediation had a clear effect on the culture of East Lancashire PCT, according to Richard Saundry, who studied the case. “The introduction of the scheme had a significant impact on the way employee relations were managed,” he says. Previously, distrust between management and unions had meant that disputes tended to go along a formal path because no one felt able to pick up the phone to try to nip it in the bud. However, as the scheme was introduced and union representatives, managers and HR staff trained together as mediators, this started to change.

“The mediation scheme and the way it was introduced provided a mechanism through which these key individuals started to trust each other a bit,” Saundry says. “It changed the focus of these individuals from a dispute being something that you fight to being something that you try to solve.” 

A force for good – mediation and the met

Police officers and their civilian colleagues don’t generally want to waste time fighting among themselves when they have a community to protect, which makes them good candidates for mediation, according to Superintendent Chas Bailey, who runs the Metropolitan Police Force’s internal mediation service. 

“People don’t like to [raise formal grievances] if they can help it, as they don’t want to risk getting their colleagues in trouble, but they do want disputes resolved,” he says. Mediation gives them a way of doing that without going down the grievance route. 

The Met’s success rate is good, at 70 per cent, but not all cases can go to mediation. “We look at the attitude of both parties… and if it isn’t going to work, we don’t do it,” Bailey says.

Even mediations that do not result in agreement can still have a positive effect. “If you put anybody through a process like this, they go away and reflect on their behaviour,” Bailey says, adding that he’s changed his own management style and become a better listener since training as a mediator. 

Conciliation or mediation?

The main difference between statutory conciliation and mediation is not so much in the techniques involved – both use an independent third party to help disputants find their own answer to their problem – as in the framework underpinning them. 

Acas offers conciliation once all internal efforts to solve the problem have failed and where a claim has been or could be made; if a solution is reached this way, the parties cannot continue on to the tribunal. Mediation, however, should happen as early as possible, and any solution reached will not legally prevent the party from continuing to an employment tribunal hearing, although the hope of course is that it will stop everyone wanting to do so.

Link to article: http://www.peoplemanagement.co.uk/pm/articles/2011/06/up-for-discussion-mediation.htm

Mediation and wellbeing: An all-weather strategy, HR Zone (March 2011)

Anna Shields, Director, Consensio

Conflict in the workplace is as common as a rainy day in the UK. And, like a miserable wet day, workplace disputes have a negative effect on our wellbeing in the workplace. Whilst we can prepare for rain, with stylish wellies and colourful umbrellas, most HR professionals and line managers feel ill-equipped and lack the confidence to deal with issues that arise from difficult working relationships.

Avoiding conflict may seem like the least stressful route for all involved. However, issues that are ignored or not handled effectively often lead to the escalation of conflict which, in turn, leaves staff members feeling more stressed and demoralised. The financial and human cost of conflict seen through absenteeism, formal processes and staff turnover is a serious issue that organisations need to address. Indeed, the recent Government consultation on workplace disputes, launched in January this year, is directly aimed at achieving earlier resolution for all parties without having to go to an employment tribunal.

The UK National Work-Stress Network lists bullying, no opportunity to voice complaints and prolonged conflict between individuals as some of the main causes of stress in the workplace. With one in five Britons claiming to suffer from workplace stress and half a million stating that they have become ill as a result, it is essential that organisations have a wellness scheme and one that include methods to resolve conflict in the workplace.
Employers have a responsibility to provide a healthy environment for their employees. Mediation offers an informal and flexible way to deal with conflict and can form an important part of a company’s wellbeing strategy. The process enables staff members to talk with each other in an open and confidential space to find a mutually acceptable resolution to their issues. Most employees and employers report positive outcomes from mediation.

Individuals who have gone through the experience often report that the issue with their colleague or manager has been resolved. They also note that they felt listened to, supported and back in control. Employers often comment that mediation is not only cost and time-effective compared to other processes, but that they observe increased productivity and staff morale post-mediation. There are a number of options available for organisations that are looking to embed mediation as part of a wellbeing initiative.

Managers are often tasked with workplace duties that directly impact their team’s health and wellbeing. These can include dealing with disciplinary issues, staff conduct and poor relationships between colleagues. In other words, situations that can give rise to workplace conflict. Yet, the majority of managers have not received any training in mediation or conflict management skills. As the first port of call for finding out about issues, managers should also be the first port of call for resolving issues. Managers trained in how to handle difficult conversations, can help open the lines of communication and significantly improve wellbeing in the workplace.

HR teams play a key part in implementing a wellbeing development plan into their organisations. Many of these HR professionals have also trained in mediation skills. However, HR often feels unable to formally utilise these skills back in the workplace as they believe parties in conflict will not see them as impartial. This can be particularly acute in smaller organisations. It is a personal choice for both HR and the parties involved as to whether HR are the most appropriate people to mediate. Where HR can definitely play a key role is in advising parties in conflict about their options. Short training courses for HR, and others engaged in an advisory capacity, can enable HR to identify when mediation might be appropriate and offer support to key stakeholders in the process.

For many organisations with a sizeable workforce, setting up an internal mediation service (IMS) is the most efficient way to deal with organisational conflict. An IMS gives organisations the facility to address and resolve conflicts internally at an early stage, it develops employee skills and it can create an organisational culture of conflict resolution. The service generally consists of a number of trained and accredited mediators who volunteer to mediate a few cases a year, in addition to their work duties. An IMS can sit within many areas of an organisation, for example, in HR or Occupational Health. Increasingly, a number of organisations have chosen to locate their IMS specifically in wellbeing.

Many workplace disputes can be resolved by using an internal mediator. However, an external mediator is sometimes required in more serious cases or where requested by one of the parties. An external mediator not only brings impartiality to any case but also has the experience of dealing with complex issues. Using external mediators directly supports the wellbeing of all parties involved in conflict.

With heightened stress levels in the workplace, it is clear that organisations need to look at new and reliable methods to increase the wellbeing of its workforce. While factors such as work demands and organisational changes are difficult to control, workplace relationships can be managed with a positive outcome. Whatever the right approach is for your organisation, it is clear that mediation can bring many benefits. It is a fast and effective process where most cases result in a positive outcome for all involved. Mediation also offers the opportunity for individuals and organisations to create constructive and healthy work environments. Staff members trained in mediation skills will be able to nip conflict in the bud and learn communication strategies to help employees feel listened to, motivated and valued at work.

Link to article: http://www.hrzone.co.uk/topic/mediation-and-wellbeing-all-weather-strategy/110326

Problem Solver, Executive Grapevine (January 2011)

"A member of my team has personal issues and this is affecting their productivity. How do I respond to this sympathetically?"

The Mediator...Alex Efthymiades, Director, Consensio

This is an issue that a lot of managers have to deal with on an ongoing basis. The key here is to communicate openly and honestly with your employee. Rather than ignoring the issue, it needs to be addressed with empathy in a private and confidential setting where both you and your employee feel comfortable speaking about it.

Ask your employee how they are and allow them to tell you what is going on for them personally, if they are comfortable disclosing this. Listen to them in a non-judgemental way and give them your full attention. It is important for your employee to know that you care about their wellbeing and they may welcome the opportunity to speak with you about what is going on for them.

Remember that it is acceptable for you to tell your employee that you have noticed a drop in their productivity. Allow them to respond to this. They may not be aware that you noticed, they may not be aware that their productivity has been affected, or they may have wanted to address this with you anyway.

Ask the employee what you and/or the team can do to support them, making it clear that you are there to help and that the issue relating to productivity needs to be resolved. Rather than imposing a solution on your employee, ask them what they can do to ensure that they are able to work effectively and productively as part of the team.

Link to article on P.43:

http://edition.pagesuite-professional.co.uk/launch.aspx?referral=other&pnum=&refresh=S0i37sL1C51g&EID=1c785dd8-0965-499e-8914-67cc903ddcf6&skip=

Growth in workplace conflict sparks extra demand for mediation training, Personnel Today (January 2011)

“Workplace conflict is on the increase” – so says Alex Efthymiades, Director at mediation and conflict resolution services provider Consensio.

“We’ve noticed a surge in people over the past few months coming to us asking about how best to manage conflict and deal with the issues that arise from problems between people at work,”says Alex. “It’s no real surprise given the current turmoil organisations are in as they may have been through one round of redundancy and restructuring and may be looking at another. In times of uncertainty, issues between people can get magnified and assume greater perceived importance than they would have during more settled times – and that then leads to disputes or conflict.”

Consensio has added a new range of courses to its training programme for 2011 to meet the increased demand and need of conflict resolution and mediation training.

“Some organisations are ready to introduce mediation as an integrated part of their policies and procedures. Others want to upskill their managers by training them in mediation skills so that they are able to resolve conflict in their teams more effectively. We offer courses to meet all of these different needs.”

Consensio’s courses are experiential and delegates practice the skills that will enable them to constructively manage conflict whilst getting detailed feedback from the trainers. “We find that when delegates understand why mediation works and some of the psychological aspects behind conflict and the way people behave, putting it into practice becomes easier and more real,” comments Alex.

For more information on mediation and conflict resolution courses, visit: www.consensiopartners.co.uk

Link to article:

http://www.personneltoday.com/articles/2011/01/04/57135/growth-in-workplace-conflict-sparks-extra-demand-for-mediation-training.html

2010

Mediation: an essential skill for today's leaders, HR Zone (December 2010)

HR professionals and line managers who have been trained in mediation skills report a greater understanding and self-awareness of their own conflict management styles, as well as a significant increase in their confidence and skill levels which enable them to address conflict.

mportantly, HR and line managers also report that after undertaking mediation skills training, they no longer feel overwhelmed by workplace conflict, but able to deal with it effectively. The benefits of this, especially in today’s economic climate, can be priceless.

The professional HR practitioner is acutely aware of the negative impact uncertainty and instability can have on their workforce. It is understandable that employees, many of whom are bruised and disgruntled, allow niggles, tension and conflict in the workplace to take on exaggerated importance. Whilst in easier times issues may have been brushed aside, in the current environment, relationships between co-workers are more likely to deteriorate to the point of break down. Leaders at all levels need to be aware of this and to take a proactive approach to ensure productivity and efficiency are not affected. This means stepping in and dealing with issues quickly so that they don’t spiral out of control.

As an HR professional, it is impossible to be aware of every set of dynamics between each and every individual within your organisation. However, you can and indeed you should take a hands-on role to effectively resolve workplace conflict. You can do this either by becoming a trained mediator yourself or by up-skilling your managers and leaders in mediation skills so that they are able to take positive action when conflict occurs. The message is clear: nipping conflict in the bud has benefits for the whole organisation.

Yet traditionally, when conflict occurs within an organisation, most people either avoid the issue, or try to deal with it in a heavy-handed and potentially unconstructive manner, for example through a formal grievance process. Besides often being unhelpful, these approaches do not actually deal with the underlying reasons as to why the conflict occurred and what led to the relationship break down. Mediation offers an alternative to these traditional processes and enables people to discuss a mutually acceptable resolution to the conflict that is conciliatory and non-judgemental.

Mediation skills and the ability to nip conflict in the bud are not an innate attribute – they need to be learned. A leader trained in mediation skills is able to confidently and effectively deal with conflict between their staff. Importantly, a leader equipped with mediation skills manages conflict at the first sign, rather than letting conflict fester and potentially result in a formal grievance.

We are all well aware that formal processes incur a lot of management and HR time and cost and they very seldom result in a resolution that is beneficial to all parties involved. Mediation, unlike a formal grievance process, allows parties to speak about the issues that have led to the conflict, try to understand the breakdown in their relationship and discuss ways forward that are acceptable to everyone involved.

A mediating HR professional or manager, for example, will work with staff members in conflict to help them to understand the issues that have led to the problems, facilitate a dialogue relating to how these issues can be resolved and then plan for an outcome that will restore the working relationship. This will not only result in a more productive environment, but it will show the team that the organisation is taking their issues seriously. In these times of economic uncertainty and instability, staff members want to feel that their issues are recognised and addressed, and that a constructive solution is being sought. In short, they want to be supported through their conflict.

In today’s workplace, people look for greater honesty, understanding and openness from their employer. By introducing mediation services or a mediated approach to conflict resolution into your organisation, you will be demonstrating your commitment to recognising and efficiently resolving issues that arise between your employees. This will also help to rebuild any trust which may have been lost during the turbulent times of conflict.

Consensio has seen a significant growth in the number of HR professionals looking to add mediation skills to both their own and their management level staff through either in-house or public training courses. It’s essential that you look for courses that are highly experiential and allow each delegate to practice mediation skills by using tailor-made case studies that reflect the conflict situations they are likely to encounter in their specific workplaces. By practicing mediation skills in a safe learning environment, and getting detailed feedback from experienced mediators, HR professionals and line managers will be able to take a more proactive and even-handed role when conflict occurs in their team.

Alex Efthymiades, Consensio Partners

Link to article:

http://www.hrzone.co.uk/topic/mediation-essential-skill-today-s-leaders/107591

Mediation Skills Can Decrease the Harmful Effects of Redundancy in the Public Sector, Opportunities (November 2010)

By Alex Efthymiades and Anna Shields, Directors of Consensio

With the prediction that anything up to half a million public sector jobs will be lost as a result of the Government’s spending cuts, a large part of the UK public sector workforce is faced with an uncertain future. Redundancy raises a number of challenging issues to employers and employees alike and quite often leads to workplace conflict, which in times of economic uncertainty can become protracted and difficult. The stress and anxiety of departing employees faced with a challenging job market, together with the impact upon morale and wellbeing of those whose jobs remain, creates heightened episodes of workplace conflict. Whilst the outlook seems bleak, on a positive note, redundancy can be effectively managed through the use of mediation.

Although the intention of the Government cost-savings are obvious, ironically, the inherent conflict and distress caused by redundancies may end up costing organisations far more than intended.

During the first phase of redundancy, employees often feel insecure and demoralised, which can be exacerbated by the secrecy of discussions surrounding the redundancy selection process. Productivity is affected and the potential for conflict and possible employee initiated litigation is increased. The best way to nip this conflict in the bud is to effectively communicate with employees and take on board employee feedback. By training line management and HR professionals in mediation and conflict resolution skills, they will be able to consult with staff and, where possible in the public sector, negotiate alternatives to redundancy. Through employee engagement, the likelihood of conflict decreases and ‘win-win’ alternatives may be found including sabbaticals, part-time employment, salary decreases and job sharing. These solutions will not only save organisations time and money, they may also decrease the number of necessary redundancies or, at the very least, smooth the process for all concerned.

Where redundancy is the only option, the resulting conflicts are generally the most challenging as they are driven by employees’ loss of self-esteem, fear and insecurity. Although dismissal may be unrelated to performance, departing employees may feel demoralised, hurt and betrayed. Once again, it is essential that line managers and HR staff are trained in how to handle redundancy conversations in order to limit claims of unfair dismissal. Managers and HR need to communicate openly about redundancy and, in difficult situations, appoint an external mediator to help employees deal with unresolved conflict.

Once the redundancies are complete, the final phase deals with resulting issues, such as impact on team morale, survivors’ guilt and new work responsibilities. Again, mediation skills can be used by managers and HR to resolve ensuing conflicts, to boost employee morale and to embed learning from the process.

Whilst reducing the budget deficit is at the top of the Government’s agenda, an appropriate plan needs to put in place to deal with the damage caused by redundancy. The ACAS Code of Practice, published last year, encourages and recommends the use of mediation as an effective means of resolving disputes informally and at an early stage.

Mediation is an effective tool in any public sector organisation’s dispute resolution portfolio, serving to reduce not only the emotional stress of workplace conflict due to redundancy, but also the economic and cost implications to public sector organisations throughout the UK.

Tip #1 Make time to listen

When redundancy is being considered, there is a greater demand on management time. Although redundancy procedures need to be followed, it is still vital to make yourself available to your team to answer questions and hear concerns. This can help resolve issues or reassure people at this difficult time – and may help to head off later unrest.

Tip #2 Consider the needs of your staff

There are likely to be feelings of anger and resentment amongst those selected for redundancy and this may bring about conflicts with others. Keep the lines of communication open, so that issues can be talked about and resolved for all parties involved.

Tip #3 Up-skill your managers with mediation training

Train your managers in mediation and conflict resolution skills to give them the practical tools and the confidence to manage workplace conflict.

Tip #4 Communicate the mediation approach across your organisation

Mediation means different things to different people. Let staff within your organisation know that managers are being trained in mediation skills to support employees in conflict. Position this message positively and focus on the benefits this will create for employees.

Tip #5 Appoint an external mediator for more complicated disputes

In certain situations where the conflict has escalated and the parties require further support, an independent, external mediator may be the best person to call upon.

For further information, visit:

Link to article:

http://www.opportunities.co.uk/articles/mediation-skills-can-decrease-the-harmful-effects-of-redundancy-in-the-public-sector/

How to Develop a Business Case for Mediation - A Helping Hand, Personnel Today (November 2010)

Mediation and alternative dispute resolution have seen a surge of interest since they were first mentioned as recommendations in the ACAS Code of Practice.

Consensio, a mediation and conflict resolution services provider, has noticed a marked increase in the demand for these services as organisations understand what mediation can and cannot do for their business and the impact this has on their bottom line.

“We have been hosting complimentary seminars for some time which explore the benefits of mediation and have always found them well attended by HR practitioners and business managers alike,” comments Alex Efthymiades, co-founder and Director of Consensio. “The difference we’ve noticed in the past six months is the demand from our delegates to understand and learn how best to present a business case for introducing mediation into the day-to-day practice of an organisation. As a result, we have revamped our seminars to focus more strongly on helping delegates make a solid business case for mediation.” It’s a sign of the economic times that such a spotlight is placed on the business case for what is clearly a beneficial and much needed intervention. A lot of people are currently feeling very uncertain at work, and this can lead to more tension and conflict within businesses.”

Consensio’s next complimentary seminar is being held on Wednesday 8 December in central London. For more information or to reserve a place, visit www.consensiopartners.co.uk

Link to article:

http://www.personneltoday.com/articles/2010/11/29/57000/how-to-develop-a-business-case-for-mediation-a-helping-hand.html

The Case for Mediation, The Guardian (September 2010)

Getting employees and managers to talk before formal grievance procedures begin can save time, money and long-term negativity

By Karl Cockerill

We first set up our in-house mediation scheme at NHS East Lancashire in 2008. I remember that our interim HR director tried to convince me that the way forward was to bring in mediation and to move away from a reliance on formal processes to resolve workplace conflict.

In addition to creating a shift in how the trust dealt with conflict, it was anticipated that mediation would reap some real benefits to the organisation in terms of time and cost savings.

As an active shop steward I had previously been known as "the grievance king". I did not understand that formal processes had a long-term negative effect, which would breed negativity towards partnership. Grievances are personal so they always cause more conflict. I thought that mediation would be a way for managers to stop grievance procedures.

The interim director of HR became an internal 'change consultant' within the trust and focused on creating the right environment for implementing the mediation scheme.

The trust appointed conflict management and mediation specialists, Consensio, to deliver accredited training for a pool of mediators. The change consultant worked very closely with Consensio to ensure that they understood local issues and could personalise the course to meet our very specific needs.

I personally took their accredited mediation training course and, since becoming one of the co-ordinators of the scheme, I can truly say that things have changed a lot for me. I can't go into any meeting relating to potential bullying or negative behaviour towards staff without thinking that mediation might resolve the issue.

We now have a team of 15 internal mediators who have completed 34 internal mediation cases – 33 of these cases have resulted in a written agreement. As mediation co-ordinator, I promote the service with frontline staff and co-ordinate the set up of mediations, including the sensitive discussions with parties prior to mediation.

We hold regular mediator network meetings and continuing professional development events to ensure that we are maintaining best practice and have also created an evaluation framework to examine the effectiveness and sustainability of the scheme.

Within the first 18 months of our scheme, we saw a 60% reduction in formal processes (grievances and fair treatment cases), a 96% success rate measured by written mediation agreements, and over £200,000 in cost savings. There has also been a shift in culture change within the trust. The significant cost-savings have already far outweighed the initial cost of setting up and resourcing the scheme.

Our scheme has reaped quantitative and qualitative benefits for the trust at a rapid pace, and will continue to do so into the future. This is an important consideration for other organisations that are thinking about implementing mediation into their policies and practices: firstly, results can be and have been achieved very quickly; and secondly, the initial costs of setting up an in-house scheme are quickly outweighed by future cost and time savings.

I strongly believe that if you can get people around a table, you can resolve anything and I have never been so committed to anything before. This is due to the positive things that have happened since our scheme was set up and which have taught me so much.

A much fuller white paper regarding this particular scheme examines key milestones and the lessons to be learned for other organisations that want to implement or further develop their own in-house mediation scheme.

Karl Cockerill, alternative dispute resolution lead and mediation coordinator for NHS East Lancashire

Link to article:

http://www.guardianpublic.co.uk/16

Use Mediation to Retain Talent, Executive Grapevine (July 2010)

People don’t like conflict in the workplace. People want to work where, should they have a problem, there’s a process in place to reach a speedy resolution. They want to work in an organisation which supports them should difficulties occur. So, when you’re looking at how best to retain your talent – and not just your top talent – look to embed a system to deal with conflict effectively as and when it arises.

As one of the UK’s leading providers of conflict resolution and mediation services, Consensio has seen a marked increase in the demand for mediation services – whether facilitated in-house or by external independent mediators.

Alex Efthymiades, Director of Consensio, comments: “Mediation and conflict resolution processes are becoming an essential part of an organisation’s people infrastructure. Whilst the initial driving force for our clients may be to empower employees to resolve issues themselves rather than through formal processes, the cost savings and the positive impact mediation has on making the workplace more attractive, becomes clear.”

NHS East Lancashire is one such organisation. Its mediation scheme not only demonstrates the organisation’s commitment to its staff, but, since the creation of the mediation scheme, there has been a 60% reduction in formal process and staggering cost savings of over £200k to the organisation. Importantly, the mediation scheme has resulted in a culture shift within the organisation.

Click here to view the PDF version of this article.

2009

Mediate your way through the redundancy process, Daily Telegraph (September 2009)

Anna Shields and Alex Efthymiades, Directors of Consensio, explain how to manage conflict in the workplace before, during and after redundancy.

In difficult economic times, “redundancy” and “conflict” are sadly, common themes. Redundancy is challenging for all concerned, not just the distress and difficulty for departing employees, but also the negative impact upon the wider team, business management and clients. The good news is that conflict can be effectively managed and, in some cases, completely avoided through the use of mediation and conflict resolution techniques.

The redundancy process for most organisations is a drastic measure designed to improve the financial “bottom line”. Whilst the cost savings are obvious, ironically, the inherent conflict caused by redundancy ends up costing business far more than they expected and indeed, bargained for. The reason behind the paradox is that HR and managers are often not suitably equipped to conduct the difficult conversations which occur, resulting in lost morale and productivity. Training in mediation and conflict resolution skills can help organisations before, during and after the redundancy period.

The first phase of redundancy includes numerous meetings held behind closed doors which make employees feel stressed, insecure and often demoralised. This decreases productivity and massively increases the potential for conflict and possibly employee initiated litigation. The best way to nip conflict in the bud is to effectively communicate with employees and to take on board employee feedback. Managers and HR trained in mediation and conflict resolution skills will be able to consult with staff, and, where possible, negotiate alternatives to redundancy. By engaging with employees in a procedure that affects the whole organisation, the likelihood of conflict decreases and “win-win” alternatives may be found, including sabbaticals, part-time employment, salary decreases and job sharing. These solutions not only save time and money, but they may also decrease the number of necessary redundancies or, at the very least, smooth the process for all concerned.

If redundancy is the only option, resulting conflicts tend to be the most challenging as they are driven by loss of self-esteem, fear and insecurity. Although dismissal is often unrelated to performance, departing employees may feel demoralised, hurt and betrayed. Again, it is critical that managers and HR are trained in how to handle redundancy conversations in order to limit claims of unfair dismissal. Managers and HR need to communicate openly about redundancy and, in difficult situations, appoint an external mediator to help employees deal with unresolved conflict.

Once redundancies are complete, the final phase deals with resulting issues, such as impact on team morale, survivors’ guilt and new work responsibilities. Again, mediation and conflict resolution skills can be used by managers and HR to resolve ensuing conflicts, to boost employee morale and to embed learning from the process.

With the UK unemployment rate hitting peaks not seen in recent memory, so are Employment Tribunal claims citing unfair dismissals. The new ACAS Code of Practice calls for disputes to be solved at an early stage and recommends mediation as part of every organisation’s dispute resolution portfolio. An appropriate plan, which includes training management in mediation and conflict resolution skills, means redundancy can be managed more effectively at every phase. for further information, visit: www.consensiopartners.co.uk

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Mediation puts a halt to grievance cases, People Management (September 2009)

PCT reduces number of formal processes by training staff in dispute resolution

An in-house mediation service at East Lancashire NHS Teaching Primary Care Trust has reduced formal dispute cases by 60 per cent in its first year, PM has learnt.

Karen Bailey, a change consultant at the trust, said she set up the service in April last year after being “struck by the number of formal processes” going on, particularly grievance and fair treatment cases.

The trust trained 15 members of staff, including front-line workers, managers and union stewards, as mediators and appointed a dispute resolution lead to work alongside HR to coordinate the service.

Bailey said the most common dispute issues were around perceptions of bullying, harassment and racial issues, but now any member of staff who approached a union or the HR department with a problem was asked to consider mediation.

A mediator would spend time with each of the parties to “allow them to express their version of events” before a joint meeting was arranged, facilitated by the mediators, to “encourage honest dialogue and help the parties to move towards their goals”.

“Seeing the stories from each perspective often generates empathy and from empathy you will have a magic moment where, more often than not you, will have an apology of some kind. From there on the language changes and they begin to build bridges,” Bailey said.

The trust, which employs 3,000 people, is still working hard at embedding the service but Bailey is now also working with a neighbouring trust to help them to introduce a similar scheme.

An interim review of the health and well-being of NHS staff, conducted by occupational health expert Steve Boorman, recently cited mediation as a key way of solving deep-rooted cultural problems around bullying and harassment in the health service. Bailey agreed with the findings, saying that mediation was “not just about reducing formal processes”.

“Formal processes don’t do people any good. They are time-consuming and energy-draining. Mediation is better for staff – it’s quicker and puts them in control,” she said.

Conflict management training provider Consensio recently reported a 420 per cent increase in demand for its services during the first half of 2009, following changes to the Employment Act in April. Statutory dispute resolution procedures were repealed and replaced by the voluntary Acas code of practice, which encourages organisations to resolve disputes in-house and at an early stage.

By Lucy Phillips

Link to article:

http://www.peoplemanagement.co.uk/pm/articles/2009/09/mediation-puts-a-halt-to-grievance-cases.htm