Opportuni)es for accredited mediators to expand their prac)ce into the arena of employment and workplace media)on Felicity Steadman Conflict Dynamics Profile of the current mediator ‘popula)on’ •  Labour, community, family media)on rela)vely well established in SA since mid 1980’s •  Commercial, employment and workplace media)on less so •  Most mediators are accredited for the tradi)onal fields, and many work across a range of specialisms •  DiSAC established to, amongst other things, regulate the standards of mediator training and accredita)on across fields Conflict Dynamics Profile of the current mediator ‘popula)on’ cont. •  40-­‐hour minimum standard for training, accepted by the DOJ as a baseline for CAM accredita)on •  Many mediators upda)ng their training to meet this standard, and to acquire specialist skills is medico-­‐legal, workplace, insurance media)on •  What about extending your prac)ce to also work in employment and workplace media)on? Conflict Dynamics Employment and workplace media)on as ‘new fron)ers’ for mediators •  Workplace media)on takes place at an early stage in the conflict, between people who work together and where there is s)ll poten)al for a future working rela)onship •  Employment media)on takes place when future working rela)onships are unlikely and employment may be terminated or has already been terminated, and terms are to be nego)ated between the employee and the employer Conflict Dynamics FORMAL
EXTERNAL
LABOUR /
EMPLOYMENT
MEDIATION
FORMAL
INTERNAL
WORKPLACE
MEDIATION
CONFLICT
ORGANISATIONAL RESPONSES
COST
COSTS
DISPUTE
Where do employment and workplace media)on fit in? INFORMAL
LINE
Dispute
Disciplinary
action
Grievance
Complaint
INFORMAL HR
Excessive sick leave/
absenteeism
Poor work performance
Ineffective communication
Substance abuse
Depression/anxiety
MANIFESTATIONS OF CONFLICT
TIME
TIME
Conflict Dynamics Points of difference and similarity WORKPLACE MEDIATION EMPLOYMENT/LABOUR/
COMMERCIAL MEDIATION •  May be similar to family media)on •  Early in the life of the conflict •  Staged and flexible process •  Ini)al private mee)ngs but mostly in joint mee)ng •  Aims to resolve conflict and restore working rela)onships •  Commissioned by employer •  Similar format •  Usually at the point of dispute •  Usually one day less flexible process •  Mostly private mee)ngs •  Aims to end dispute and end employment rela)onship •  Commissioned by par)es Conflict Dynamics Points of difference and similarity cont. EMPLOYMENT/LABOUR/
WORKPLACE MEDIATION •  Mediator may be selected by referrer •  Issues concern working rela)onship •  High emo)onal content •  Unrepresented par)es •  WriYen agreement to mediate •  Memorandum of agreement / ac)on plan •  Agreed feedback to referrer •  Style of mediator facilita)ve to transforma)ve COMMERCIAL MEDIATION •  Par)es select mediator •  Issues concern terms of separa)on •  Can be less emo)onal •  Par)es represented •  WriYen agreement to mediate •  SeYlement agreement •  Absolute confiden)ality about outcome •  Style of mediator facilita)ve to evalua)ve Conflict Dynamics Experience of workplace media)on in the UK* •  Media)on has become a significant part of workplace dispute resolu)on regimes since Gibbons Review (2007) •  Media)on by an impar)al third-­‐party is provided for within many wriYen disputes procedures •  Media)on is more likely to be used where it is formally provided for in grievance and disciplinary procedures, more the case in the public sector •  Media)on is seen as part of, rather than an alterna)ve to, the procedural framework of workplace dispute resolu)on •  Media)on is used equally in private and public sector organisa)ons, and organisa)onal size is not a significant factor * ACAS research paper 2014 Conflict Dynamics Experience of workplace media)on in the UK* cont. •  Educa)onal and health employers in the public sector •  Construc)on, hotels and restaurants, wholesaling and retailing, mul)-­‐site organisa)ons in the private sector •  Media)on in the public sector mostly by internal mediators •  Media)on is more likely to be included in procedures in unionised workplaces •  Media)on is not necessarily used to prevent disputes, but may be one response to rising levels of conflict and the experience of increased li)ga)on in employment disputes i.e. experience of li)ga)on may have encouraged organisa)ons to turn to media)on * ACAS research paper 2014 Conflict Dynamics My experience of workplace media)on in the UK •  Culture of early media)on and concilia)on of workplace and employment disputes •  No union opposi)on •  Growing opportuni)es to mediate workplace disputes •  Mostly universi)es, hospitals, interna)onal agencies and financial ins)tu)ons, and specialist private sector employers •  In the public sector, it’s an op)on in the formal procedure and employers keen to comply Conflict Dynamics My experience of workplace media)on in the UK cont •  In private sector, it’s suggested by lawyers as a way of avoiding li)ga)on and keeping valued senior staff •  May start off as workplace media)on and convert into employment, or visa versa •  SeYlement rates very high, posi)ve feedback on follow-­‐up •  Sensi)ve nature of media)on leads to repeat business •  Benefit from specialist training because skills and style are different Conflict Dynamics Is this for you? If it is, how do you get going? •  AYend our session tomorrow to find out more •  AYend specialised training to expand your exis)ng mediator skills and adapt your style •  Iden)fy key gatekeepers and poten)al referrers in your exis)ng networks and educate them about the benefits of workplace media)on •  Look out for opportuni)es to ‘nip conflict in the bud’ by offering workplace media)on Conflict Dynamics