Resolving Workplace Disputes - Consultation and Government Response
The much anticipated response by the Government to the feedback on their consultation has now been published (November 2011). There were hundreds of responses, 308 of which were on the mediation element.
A significant proportion of those who responded identified workplace mediation as an effective technique, confirming anecdotal evidence and research already available. Respondents most frequently identified relationship and communication breakdown as the issues where mediation would be most helpful. Other areas identified as suitable were: bullying allegations; discrimination and diversity issues; and fairness or percieved injustice issues.
The reponse states: "The consultation confirmed Government's views that a significant growth in mediation of workplace disputes has the potential to lead to a major and dramatic shift in the culture of employment relations. The Government therefore intends to embark on a long-term reform programme to build a new approach to resolving workplace disputes so that the use of mediation to resolve disputes becomes a more accepted, and trusted, part of the process."
The Government will explore with large businesses within the retail sector whether and how they might be able to share their mediation expertise with smaller businesses in their supply chain, and will pilot the creation of regional mediation networks through the provision of mediation training to a number of representatives from SMEs. Other issues covered in the response included: compromise agreements; modernising tribunals; financial penalties; early conciliation with Acas; unfair dismissal qualification period; and rapid resolution.
Government response in full: http://www.bis.gov.uk/assets/biscore/employment-matters/docs/r/11-1365-resolving-workplace-disputes-government-response
Julian as 'Duty Mediator' for MoJ in Civil Mediation Court Pilot
The Ministry of Justice (MoJ) is conducting a Pilot in several courts in key city centres around the UK, running for six months until March 2012. All judges have agreed to consider which civil cases on their list for each day might be suitable for mediation and to encourage the parties to seek out the 'Duty Mediaor' at the court that day to obtain information about the mediation process, its advantages and to answer any questions from the lawyers and parties.
Julian found this to be a fascinating exercise, acting as 'Duty Mediator' on several days at two central London courts in November 2011, in partnership with a mediaton provider company registered with the Civil Mediation Council. He did not wait to have cases refered to him by the judges for information, but proactively approached many parties and/or their legal representatives while they were sitting in the waiting rooms before they saw the judge.
The reaction of parties was positive, even enthusiastic, on the whole, and lawyers were, with the exception of one aggressive response, willing to talk. Some were not aware of the Pilot and were interested in hearing about that. There were some particularly interesting conversations going well beyond merely providing information, almost starting the mediation process itself in the waiting room! Several quality leads resulted and actual mediation work was picked up too.
I am told that in the case of family mediations, when a Pilot was conducted for this, reaction from the legal profession was similar, but has now changed in a transformative way. Personally, I like to think of lawyers as partners in the process of resolving civil disputes, not as competitors - both lawyers and mediators are needed, just as they are with family cases.
Dispute Resolution Commitment (DRC) by Government
The Government will lead by example by committing to using better, quicker, and more efficient ways of resloving legal disputes says Justice Minister Jonathan Djanogly.
The DRC requires all governmnet departments and agencies to use alternatives, like mediation, wherever possible before taking disputes to court. This is to save clogging up the courts and to save time, money and stress to those involved.
Such an approach now exists for family cases after research showed that mediation can cost a quarter of the price and take a quarter of the time of going to court.
Here is the MoJ press release: http://www.justice.gov.uk/news/press-releases/moj/moj-newsrelease230611a.htm
Here is a link to the DRC: http://www.justice.gov.uk/downloads/guidance/mediation/drc-may2011.pdf
And here is the guidance for the DRC: http://www.justice.gov.uk/downloads/guidance/mediation/drc-guidance-may2011.pdf
"Director" magazine article on "How to manage conflict in the workplace"
Julian's short 'Top Tips' style article on this topic has been published by the Institute of Directors in their national glossy magazine for their approx. 40,000 company director members.
Here is the online version of it:
http://www.director.co.uk/MAGAZINE/2011/5_May/10-tips-mediation_64_09.html
Compulsory mediation is getting closer - who will be your mediator?
Family and employment mediation are the trail-blazers for government attention, but now civil cases are joining the party.
A Ministry of Justice consultation on proposed changes to the civil courts, dated 28 March 2011, states "We believe that mediation offers an appropriate and proportionate way of resolving a dispute between parties. Ideally, this should take place as early as possible, and before any claim is issued". As a result of this, the following proposals are being made:
Introduction of an automatic referral to mediation for small claims cases (which will be upped from £5,000 to £15,000). By doing this, mediation will be seen as part of the actual court process.
Introduction of compulsory mediation information and assessment sessions for every case up to £100,000, at the allocation stage.
Improving the status of written mediated agreements to be fully enforceable.
The long-term proposal is to have a mandatory settlement stage for all cases before parties enter the court process.
Institute of Directors - Julian selected as an expert
The IoD has selected Julian Evans as one of their experts on law and leadership, with a specialism in mediation. This is for their national flagship magazine "Director" for the purposes of giving a quote, comment or case study when a relevant feature comes up.
The Deputy Editor has invited Julian to produce a Top Tips style article on mediation for the May 2011 edition of the "Director" magazine.
Interesting CIPD survey on conflict management (March 2011)
In the face of soaring Employment Tribunal (ET) claims, 50% of CIPD members who took part in this survey say that in the last two years grievances and disciplinaries are on the up and use of mediation is increasing. 60% say line managers are being trained more in having difficult converstions and 65% report an increased need for HR teams to trouble-shoot issues. (All percentage figures are rounded).
57% now use mediation, mainly to: improve relationships (80%); reduce or eliminate the stress from formal procedures (65%); and to avoid the costs of defending ET claims (50%).
The costs of using mediation, it was reported, were "significantly lower" than the costs of handling disciplinary or grievance cases or those of compromise agreements (these average £11,000, plus legal fees) - therefore, the report says, concerns over mediation costs are misplaced.
42% use "consultants" for mediations which is much higher than the use of mediation supplier firms (where you could get an inexperienced mediator) or even ACAS (25% for each category). Naturally, as highly qualified and experienced "consultants", we are well palced to help you and your firm avoid such difficulties, train your staff to do so, or to deal with them for you - saving you a packet and much mangement time and anxiety.
Here is the link to the free CIPD report: http://www.cipd.co.uk/hr-resources/survey-reports/conflict-management.aspx
"We've got a top-class mediator" (Press Release agreed with CEDR)
Julian Evans, Director at Littleton Evans, has been acknowledged by CEDR, Europe's largest independent mediation body, for conducting one of the 'Top 10 Most Significant Mediations' since 1990!
As part of its 20th Anniversary at the end of 2010, the Centre for Effective Dispute Resolution (CEDR) asked the 500+ members of its Mediator Exchange Network across 24 nations to suggest the most significant and memorable mediations during the last two decades. Included in the Top 10 were a series of major cases like a one billion pound corporate collapse, a 1000+ person case over the retention of children's organs, and an intergovernmental case on territorial fishing rights, all noteworthy for their size and impact. Others were noteworthy for their challenge or for their progressiveness and innovation.
Julian presented his mediation case, along with the other Top 10, at a lecture theatre in one of London's largest 'magic circle' law firms, Freshfields. His case concerned a long-running shareholder dispute which was so problematic that it made him think well outside the box and then innovate and blend a range of traditional approaches for resolving disputes in order to get a satisfactory result.
His case was peer-voted by the mediators present to be second in the category for progressiveness.
Julian says, "I am delighted to have been given this honour by CEDR and by my peers. I am also glad that circumstances nudged me into producing a more innovative, holistic and effective approach to resolving disputes and tensions, which is good for the profession and beneficial for clients. This is especially timely because mediation now seems to be rapidly growing in its popularity and because it coincides with my own 20th anniversary of being in this business, helping firms, teams and individuals build bridges."
Eileen Carroll, Deputy Chief Executive of CEDR and chair of the event said, "We wanted to look back at some of the key mediations, among many, which have made a difference in the last two decades and we were delighted that so many of our Exchange Network Mediators took part submitting, attending and voting for their memorable cases. On behalf of CEDR Exchange Network we would like to thank Julian for sharing with us this remarkable case and an interesting and enjoyable presentation."
Justice minister calls for a greater steer towards mediation
The momentum continues to build. Individuals should play a greater role in solving their problems rather than turning to the courts said the minister.
To see the rest of what the minister says, click the link: http://www.lawgazette.co.uk/news/justice-minister-calls-greater-steer-towards-mediation
Spending Review 2010 - major boost for mediation
Chancellor George Osborne notes in the Ministry of Justice section of his momentous Spending Review that "The Government ... will reform the court system to provide a more efficient service using mediation and alternatives to court where possible. This will provide effective access to justice, while ensuring that the court is seen as a last resort, rather than the default option."
Mediation has always been an efficient and cost effective way of dealing with disputes, as noted by senior judges and now confirmed by Government.
Julian in expert line-up on organisational change management webinar
Julian was one of a panel of four experts giving advice on better ways of managing change in organisations and becoming a 'Change Champion'. Over 200 top executives from 32 different nations benefitted from this. They included many people from large household name companies and government departments, e.g. Tesco, Volvo, Diageo, ITV, Big Lottery, American Express, Travis Perkins, American Airlines, Air France, British Embassy, Kodak, Johnson & Johnson, BT, Land Registry, large local authorities, NHS Trusts and large London law firms.
Government gives vote of confidence in mediation!
The Telegraph report a leaked long-list of quangos to be cut or merged. Top of the list of those to left alone is ACAS. This is really good news as it shows that mediation is considered to be an essential service to business and organisations. I specialise in that, but provide a more holistic and useful service. How may I help?
Telegraph link: http://www.telegraph.co.uk/news/newstopics/politics/8021780/Quango-cuts-full-list-of-bodies-under-review.html
Julian on Radio 5-Live debate on the economy and public service cuts
As a chamber of commerce board member and entrepreneur, Julian took part in a Radio 5-Live debate on the economic crisis the government is facing, how to make the huge cuts. This was with 'The Taxpayers Alliance' and other business people. During the long off-air 'warm-up' debate, Julian used his mediator skills by listening to the issues, ideas and concerns of the other participants (also throwing in comments), but then drew together threads and ideas sparked in his mind to propose a creative way to save £1 billion annually (so said the producer after making a few calls to check), yet without loss of service provision. This impressed the BBC, and the man from the Taxpayers Alliance quickly jotted it down!
More holistic services offered
Mediation is a truly great way of resolving disputes, but its main strength lies in 'lancing the boil' of the problem. This is fine for purely legal disputes with no interpersonal element or ongoing relationship requirement. But it is not so good if people issues are a key component of the dispute. What mediation alone doesn't do so well is deal with the poor thinking patterns, behaviours or organisational cultures which led to a problem in the first place or deal with the aftermath of a dispute. Enter facilitation, executive coaching, mentoring and training to do just this. The beauty of this approach is that at the same time, performance and satisfaction enhancements can be made for individuals, businesses and organisations. This is good reason for leveraging our considerable experience in these areas! You benefit.
Presentation to Institute of Directors
Julian gave a presentation to a packed room of 70 business leaders from the Institute of Directors, at Guildford Cathedral. This was on the benefits of mediation for businesses and was on the back of the 'Jackson Review' into civil litigation costs which clearly endorsed the value of mediation and recommended an information-raising campaign to make businesses aware of this. Happy to oblige!
Employers guide to workplace mediation
ACAS and the CIPD have jointly produced an employer's guide to workplace mediation, this being a favoured method of resolving disputes. See what it says.
http://www.acas.org.uk/CHttpHandler.ashx?id=949&p=0