Keith Seat
The U.K. Government announced that it is establishing two regional mediation networks for small and medium size enterprises (SMEs) in a pilot program to reduce workplace disputes and the number of employment tribunal cases. The mediation networks will be in Cambridge and Manchester, with mediation training of employees at 24 SMEs, as smaller companies are often not aware of the benefits of mediation and rarely use it. Trained mediators will then be able to assist other organizations in their regional network. The government is seeking a provider for the first round of mediation training. The pilot program is part of the government’s reform of the employment tribunal system; in the last two years tribunal claims have risen to 218,000, an increase of 44 percent. The program will run 12 months and expand to other areas if successful.
People Management Magazine Online (January 23, 2012); eGov Monitor (January 24, 2012)
Coalition Blues
John Crawley I woke up this morning – got the coalition blues! It only took twelve months - For win/win - To become win / lose! Just about a year ago the unthinkable in British politics occurred – two opposing parties signed up to a five year coalition.
What Mediation Tells Us About Mediators, Their Clients and Society
Charlie Irvine Mediation is a funny old word. Pop it into Google Images and you get handshakes, jigsaws, tin-can phones and complicated diagrams. Some suggest agreement; some complexity; some downright difficulty. Mediation certainly means different things to different people. The dictionary definition is simple: ‘to settle (dispute, strikes, etc) as an intermediary between parties; reconcile.’ But in today’s launch of this new mediation scheme, I am less interested in what mediation means than in what it says, or what it tells us. I believe that mediation says something important about the people who mediate, about the people they mediate with and about society as a whole.
The Use Of Mediation In Schools
Nigel Singer A healthy and productive school (or any other organisation or group) is one with plenty of conflict that is being dealt with well by people who are open to the gifts that it can offer. It is one where people manage to step beyond their fears to a place where there is compassion, creativity and readiness to learn.
Changing Conflict-Negative Culture
John Crawley To finish my series on applying ‘nudge’ thinking to mediation and effective dispute resolution at work I want to focus on creating a more productive conflict culture in your workplaces.
Keith Seat
In response to the 2008 EU Directive requiring mediation of EU cross-border disputes beginning in 2011, Ireland’s Law Reform Commission issued a 230-page report in November on new procedures for mediation in a broad range of areas, along with proposed legislation to carry out its recommendations. While instigated by the EU Directive, the report also thoroughly addressed alternative dispute resolution within Ireland, focusing on both mediation and conciliation and establishing new court rules which took effect in November. Noting that the terms mediation and conciliation have often been used interchangeably, the five-member Commission urges differentiation so that mediation is always a facilitative process, while conciliation is advisory (e.g., evaluative). The report also gives close attention to confidentiality, among many other issues, and proposes a privilege to exempt communications from disclosure, while setting out numerous exceptions.
International Law Office (December 16, 2010); CPR (December 3, 2010); The MII.ie (November 16, 2010); Report; 2008 EU Directive
New Year’s Resolution
John Crawley CMP are resolving to get even better at communicating with you about dispute resolution. On that theme here are some additional ideas for how to promote mediation, continuing from December’s 2010 blog and white paper.
Mediation In The Boardroom
Clive Lewis The management of conflict at work probably represents the biggest unrecognised area for cost savings and market differentiation for organisations today. This article reviews the reasons that executives have yet been reluctant to embrace mediation, and the many operational and strategic benefits that it can bring.
Does Mediation Really Need ‘Respect’?
Katherine Graham I don’t want to mediate people on their best behaviour! They can’t sustain that type of interaction, or we wouldn’t be here in the first place! I want to mediate people who are being themselves and who are trying to communicate openly and honestly. My role is to be creative and supportive in how I do this – and that means working a lot harder than falling back on ‘respect’.
Keith Seat
The British Secretary of State for Culture, Communications and Creative Industries is proposing a new mediation service to give an additional means of redress to consumers concerned about breaches of online privacy or seeking to get inaccurate personal information removed from the internet. The Minister is also pushing an updated code of internet conduct and seeking to meet with internet service providers and other key players to encourage their participation.
Guardian.co.uk (November 3, 2010); Telegraph.co.uk (November 2, 2010)
Keith Seat A detailed report by TheCityUK concludes that mediation and arbitration have risen sharply in the UK over the last two years following the financial crisis. The report notes that the total number of disputes resolved by mediation and arbitration in the UK increased by 78% to nearly 35,000, while the number of disputes involving international parties rose by 59% to 5,300. TheCityUK is an independent body which was established in May with support from the government’s City of London Corporation.
LegalWeek.com (September 21, 2010); Report: Dispute Resolution in London and the UK 2010
Changing The ‘Choice Architecture’ Around Mediation Is The Key
John Crawley In a recent book ‘Nudge’, Thaler and Sunstein argue persuasively that we are all potentially ‘choice architects’ – ‘we have responsibility for organising the context in which people take decisions’. Like more traditional forms of architecture there is no such thing as ‘neutral’ design. What we do, particularly if we are in a position of influence, will influence the choices people make.
Mediating With Dalek’s: Crossing The Divide
John Crawley On a visit to BBC Studios in London earlier this year I came across a Dalek. (For those of you who don’t know they are sworn enemies of Doctor Who – a fictitious BBC character who has survived scary situations across time and space dimensions since the 1960s). My children invited me to ‘mediate it!’ As you can see I was not very successful – striking a quite hostile parental posture. A Dalek is just not made for open body language and empathic engagement. Its favourite word is ‘Exterminate’ and both its arms are weapons.
Leaders Need To Focus On The Big Picture And Stop Bickering
John Sturrock With renewed discussion about the Borders railway line in southern Scotland and the proposed new bridge to cross the Forth estuary north of Edinburgh, we see time and again the familiar tendency to draw a line in the sand, to set a bottom line or to proclaim that a certain position is non-negotiable. For those with different views or who sit on the other side of an issue, one of the challenges is how to deal with a situation where someone or some group has taken a stance and seems unwilling or unable to move from that.
Mishandling Bullying And Harassment Will Hijack The Diversity And Inclusion Agenda
John Crawley A crisis is brewing as two reports predict a potential surge in bullying and harassment grievances at work, and a lack of confidence in the ability of management (particularly in the public sector) to handle bullying and harassment, conflict and relationship issues[1]. Bad practice on bullying and harassment and relationship issues will undermine employees’ and customers’ confidence in diversity and inclusion initiatives[2]. The cost of mishandling these will also divert time and money away from building relationships and engagement through diverse workforces.
The Role Of Mediation In A Modern Civil Justice System
John Sturrock As I stood in a hailstorm on a windswept road with a measuring tape in my hand, while two landowners sought to resolve a boundary dispute, I wondered about my change of career. But when, after two hours, they resolved a potentially long running and destructively expensive dispute where the only alternative seemed to be court proceedings, I was reminded of why it is a privilege to do what I do as a mediator.
The Boundaries Of Engagement
Michael Jacobs People come to mediation in pain – and sometimes leave in the same state. Having endeavoured to make a difference – and failed – where does this leave us in terms of our professional engagement?
We All Have A Part To Play In Coalition’s Success . . . Or Failure
John Sturrock We all know something really interesting happened in British politics with the agreement of
the Conservatives and Liberal Democrats to work in coalition. What is interesting is the reaction. People don't quite know how to deal with it. We are
accustomed to an adversarial approach in politics. So, the observations now tend to focus
on the differences and potential areas of disagreement – and where it might go wrong.
How About Making Mediators More Stupid? A Training Agenda
Michael Jacobs Much of current mediation training is consciously "additive," in that it puts forward various frameworks, theories and models. This article argues, only partially tongue-in-cheek, that training mediators is fundamentally "subtractive." That in order to be effective, trainee mediators need to unlearn much of what they think they already know. The article refers to this process of unlearning as becoming "more stupid."
Is It Time To Stop ‘Bullying’?
Tim Kingsbury I’ve been thinking for a while that the term ‘bullying’ may be becoming less and less useful. We all know it goes on around us, we all know people who have been damaged by it, and the scale of workplace bullying is worrying. To give just one indication of scale, at a recent conference[1] Gill Dix of ACAS said that the ACAS Helpline receives 74,000 calls annually about bullying and harassment.
What Mediators Can Learn From The UK’s Seven Principles Of Public Life
Charlie Irvine New mediators face a challenge: In addition to learning new techniques, they quickly realize that equally important are the values that they bring to the work. However, most mediator training offers little guidance on the sources of such values. This article considers the UK’s "Seven Principles of Public Life," articulated in an attempt to maintain high standards of probity in holders of public office. Although not necessarily public servants, mediators also fulfill an important representative role and can usefully adopt these principles as one source of agreed-upon societal norms.
UK Election
John Sturrock An intriguing and unheralded intervention in the general election campaign in the UK came last week from the Centre for Effective Dispute Resolution in London. The Centre suggested that, with the prospect of a “hung” parliament, what we need is a Parliamentary Coalition Independent Mediator. Although a bit of a mouthful, the general proposition that there may be a role for an independent mediator or mediators to work with party leaders and civil servants in the event that no party gains an overall majority in seats is worth reflecting on.
That's Not Mediation!
Philip Hesketh I have lost count of the number of times a mediation participant has complained to me that something their opponent has done simply isn't cricket. Often it is from somebody taking part in their first mediation who has fixed ideas about what is and isn't "mediation". The problem arises from expectations of a strict procedural process such as a trial. Only a fool would say the outcome of a trial is entirely predictable but the process of the trial can be anticipated with a degree of certainty. Opening speeches, Claimant's evidence-in-chief, cross-examination and so on.
Keith Seat
In the absence of prior agreement by the parties on how mediation costs were to be handled, U.K.’s Technology and Construction Court (TCC) concluded that a party who refused to appear at a mandatory mediation should bear the costs from late cancellation. The court found insufficient the party’s explanation about the futility of mediation in the absence of another entity.
Commercial Litigation Wire (July 2009)
Keith Seat
Following one death and hundreds of complaints about police conduct in controlling demonstrators at the April G20 summit in London, a parliamentary inquiry by the Joint Committee on Human Rights proposed that independent mediators be used. The Committee report blamed both police and demonstrators for failing to communicate prior to the protests, leading to excessive violence, and noted that improved communication and dispute resolution may be achieved through mediation between the police and protesters in the future.
Reuters (July 28, 2009); Guardian (July 28, 2009)
Keith Seat
The Alzheimer Society of Ireland launched a pilot elder mediation program to assist families coping with dementia. Family members are often involved and affected by a relative with dementia and the new model of elder mediation services may help address the resulting stress and family conflict.
Irish Medical Times (June 22, 2009)
Mediation And Social Norms: A Response To Dame Hazel Genn
Charlie Irvine The article is a response to Dame Hazel Genn’s 2008 Hamlyn Lecture, in which she characterized mediators as having ‘no interest in justice and fairness.’ The article argues that mediators’ own rhetoric has allowed this caricature to develop and suggests that, in practice, mediators are no longer indifferent to norms like justice and fairness, if they ever were. Drawing on the work of Ellen Waldman and Julie MacFarlane this article examines the role of social norms and ethical codes in mediation practice, and calls on mediators to examine their values.
Lisa Parkinson: Family Mediation Field in UK - Video
Lisa Parkinson Lisa Parkinson describes how family mediation came about in the UK. Divorce rates were on the rise and research was revealing the harmful effects parental conflict had on children. The legal process promoted that conflictive environment, so mediation was thought to be an alternative.
UK Civil Litigation Review
Geoff Sharp UK's Lord Justice Jackson published his Preliminary Civil Litigation Cost Review last Friday. I don't know the politics of this well enough to speculate whether this might be another Lord Woolf moment but given that any rethink of how litigation might work better normally impacts in some way on our world of mediating litigated cases, this may be worth a read (at 1000 pages!).
Development Of Commercial Mediator Skills Training In England And Wales
James South The UK mediation market has developed organically, both in a self-regulatory sense and in the development of training programmes and growth of the market in general. This compares with the development of mediation in other international jurisdictions where regulation and standards have tended to come before the mediation market is established.
A Perfect Storm is Gathering
Michael Leathes A Perfect Storm is gathering, comprising the effects of severe economic downturn, the alacrity with which corporate law departments seek greater transparency and outcome certainty, and new tools in the field of information and communication technology. This convergence provokes serious changes in attitude and approach by all dispute resolution stakeholders – especially trial lawyers, mediators and mediation provider organizations. The status quo has had its day. Good news for those nimble enough to adapt quickly. This article is jointly written by a group of twelve institutional users of mediation services.
UK mediation group aims is to create 'badge of seniority' analogous to Silk
Geoff Sharp In a sign of our maturing profession, a small group of UK's mediation aristocracy known as The Panel of Independent Mediators plan to create 'a badge of seniority in the mediation profession analogous to the QC kite mark enjoyed by senior barristers' according to the latest issue of The Mediator Magazine.PIM, formed in the late '90's, is thought to handle a staggering one in five of all UK mediations from within its ranks. The collective has 18 veteran mediators on its books, all of whom have...
Significant report on ADR in Ireland out today
Geoff Sharp A Consultation Paper on Alternative Dispute Resolution authored by the Law Reform Commission of Ireland is out today.I can't find the full text of the 356 page paper but it should appear at the Commission's Reports or Consultation page soon.Meanwhile here is a summary of the 36 provisional recommendations and a press report here.
Henry Brown looks back
Geoff Sharp We all stand on the shoulders of our own Henry Browns. And one day I will tell you about mine.But for now, I imagine many UK mediators look to Henry Brown as their Henry Brown.This interview is a thoughtful look back at 25 years of life as a UK mediator.In particular, Brown makes the point that the mediation process has not dealt well with the strong sense of fairness brought to the table by the many who use it.‘We’ve got to do more work on understanding people’s attitudes...
Keith Seat
Pricing for mediation services is said to be in a nascent phase in which lack of information has not allowed the market to adequately value mediation and reward outstanding mediators. While top U.K. mediators charge around $10,000 a day, that is often less than top lawyers charge for attending the mediation as advocates, which arguably should be the floor. The mediation profession will not mature until high-end practitioners have the confidence to charge high rates and compete on quality.
Themediatormagazine.co.uk – UK (May 9, 2008)
Keith Seat
A debt recovery service in the U.K. attributes its rapid growth to focusing on mediation rather than litigation. In addition to obtaining payment, the service seeks to rebuild business relationships between its clients and their debtors, and brings a friendly approach to its work. However, the service emphasizes that it has a 100% win rate in the small number of cases it is forced to take to court.
ic Wales (U.K.) (May 30, 2008)
What UK Mediators Charge
Geoff Sharp In a kiss and tell article in the latest issue of The Mediator Magazine all is revealed about UK mediators' charge out rates in The Price is Wrong"... Setting charge-out rates for mediators is a complicated and sensitive issue. In the UK the market is so oversupplied that if the number of commercial cases available were distributed evenly among accredited mediators, no mediator would be handling more than one a year. Under such market conditions, pricing is emotive, and competition sharp....The ...
Keith Seat
The leading U.K. trade organization opposing design theft has launched a national campaign to encourage mediation of intellectual property disputes. The organization, known as ACID (Anti Copying in Design), launched its pro-mediation campaign with the slogan “Mediate to Resolve” on the group’s tenth anniversary in April. However, ACID has long been involved in resolving disputes, with a mediation panel chaired by a former High Court Judge and a countrywide network of mediators. ACID has handled 2,000 mediations and states that only a handful have gone on to court, as most result in royalty or licensing agreements. ACID’s mediation campaign is supported by the Minister for Intellectual Property.
ITNews(Rome) (April 7, 2008)
The Standing Conference of Mediation Advocates and the Forum for Mediation Advocacy
Geoff Sharp Now that I've been a mediator for a while it's too easy to forget those early days when I was discovering mediation as an advocate in the courtroom one day, and feeling my way in a mediation the next.It sure was hard to make the switch.My head was always playing catch up, so I was still in rights mode at the start of the mediation and desparately looking for interests in the litigation when I struggled to my feet at the bar table at 10am the next morning.So, in another sign that our mediation...
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