BSBHRM510A - Manage Mediation Processes by Precision Group (Australia)

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H o ra ce M an n A liberal education is at the heart of a civil society, and at the heart of a liberal education is the act of teaching. - A. Bartlett Giamatti An educated man is thoroughly inoculated against humbug, thinks for himself and tries to give his thoughts, in speech or on paper, some style. - Alan K. Simpson An education isn’t how much you have committed to memory, or even how much you know. It’s being able to differentiate between what you know and what you don’t. – Anatole France Children have to be educated, but they have also to be left to educate themselves. Ernest Dimnet Data is not information, information is not knowledge, knowledge is not understanding, understanding is not wisdom. – Clifford Stoll Develop a passion for learning. If you do, you will never cease to grow. – Anthony J. D’Angelo Education is all a matter of building bridges. - Ralph Ellison Education is an admirable thing, but it is well to remember from time to time that nothing that is worth knowing can be taught. - Oscar Wilde Education is learning what you didn’t even know you didn’t know. Daniel J. Boorstin Education is not preparation for life; education is life itself. - John Dewey Education is not the filling of a pail, but the lighting of a fire. - William Butler Yeats Education is the key to unlock the golden door of freedom. - George Washington Carver Education is the transmission of civilization. - Will Durant Education is what survives when what has been learned has been forgotten. - B. F. Skinner Education’s purpose is to replace an empty mind with an open one. - Malcolm Forbes Good teaching is one-fourth preparation and three-fourths pure theatre. - Gail Godwin He who opens a school door, closes a prison. - Victor Hugo It has been said that 80% of what people learn is visual. - Allen Klein It is the mark of an educated mind to be able to entertain a thought without accepting it. - Aristotle Learning is not attained by chance, it must be sought for with ardor and diligence. - Abigail Adams Some people drink from the fountain of knowledge, others just gargle. - Robert Anthony Some people will never learn anything, for this reason, because they understand everything too soon. - Alexander Pope The great difficulty in education is to get experience out of ideas. - George Santayana The illiterate of the future will not be the person who cannot read. It will be the person who does not know how to learn. Alvin Toffler The only person who is educated is the one who has learned how to learn and change. - Carl Rogers Science is analytical, descriptive, informative. Man does not live by bread alone, but by science he attempts to do so. Hence the deadliness of all that is purely scientific. - Eric Gill A human being is not attaining his full heights until he is educated. - Horace Mann A liberal education is at the heart of a civil society, and at the heart of a liberal education is the act of teaching. - A. Bartlett Giamatti An educated man is thoroughly inoculated against humbug, thinks for himself and tries to give his thoughts, in speech or on paper, some style. - Alan K. Simpson An education isn’t how much you have committed to memory, or even how much you know. It’s being able to differentiate between what you know and what you don’t. – Anatole France Children have to be educated, but they have also to be left to educate themselves. - Ernest Dimnet Data is

Manage Mediation Processes BSBHRM510A

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BSBHRM510A Manage Mediation Processes Version

PGAV1

October ‘12

History

Oct ‘12

Introduction of PGAV1

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BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Table of Contents 2 Legend 3

Qualification Pathways

Qualification Rules

5 Introduction 7

BSBHRM510A/01 Develop Mediation Guidelines 1.1 Research and collate history of disputes and dispute resolution within the organisation, including triggers for disputes 1.2 Consult identified key stakeholders to determine requirements related to mediation 1.3 Determine mediation requirements within the organisation 1.4 Research and document models and systems for mediation 1.5 Identify and document parameters for a mediation system from consultation and research process 1.6 Draft and validate guidelines for mediation with stakeholders 1.7 Obtain endorsement for guidelines from senior management team 1.8 Circulate guidelines and train mediators in guidelines and procedures

22 23

Key Points ‘True’ or ‘False’ Quiz

25 BSBHRM510A/02 Prepare For Mediation 2.1 Identify parties in dispute requiring mediation and explain mediation procedure, in accordance with established guidelines 2.2 Obtain agreement and willingness to participate in the mediation process 2.3 Conduct separate interviews with parties in dispute and clarify issues 2.4 Verify and document position of each party to the dispute 2.5 Determine boundaries for allowable options in dispute

BSBHRM510A/03 Settle Dispute Through Mediation 3.1 Use a range of communication techniques to mediate 3.2 Establish mutual agreement between parties in dispute 3.3 Formulate options for resolution of dispute and preferences 3.4 Continue with mediation until agreement is reached or time constraints conclude

BSBHRM510A/04 Finalise and Review Mediation 4.1 Circulate documented agreements to all parties and complete all documentation required by organisational guidelines 4.2 Review effectiveness of mediation, identify improvements and refine mediation guidelines BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

4.3 Assess and maintain currency of knowledge and skill base of mediators

36 37

Key Points ‘True’ or ‘False’ Quiz

38 Summary 40 Bibliography 41

Use considered risk taking in your ‘grey’ area

...and others will follow you!

Assessment Pack

Legend This symbol indicates the beginning of a new Element. These will help you to find the information for your Assessment Activities.

Activity: Whenever you see this symbol, there is an Activity to carry out which has been designed to help reinforce the learning about the topic and take some action.

This symbol is used at the end of each Element to indicate the key points.

This symbol is used to indicate an answer to the Learner’s questions or notes to assist the Trainer.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Qualification Pathways

“There are always two choices. Two paths to take. One is easy. And its only reward is that it’s easy.” Source Unknown

This unit of competency is provided to meet the requirements of BSB07 Business Services Training Package although it can be used in a range of different qualifications. The BSB07 Business Services Training Package does not state how a qualification is to be achieved. Rather, Registered Training Organisations are required to use the qualification rules to ensure the needs of the learner and business customer are met. This is to be achieved through the development of effective learning programs delivered in an order that meets the stated needs of nominated Learners and business customers.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Qualification Rules

“Life’s a game, all you have to do, is know how to play it.” Source Unknown

Qualification requirements include core and elective units. The unit mix is determined by specific unit of competency requirements which are stated in the qualification description. Registered Training Organisations then work with learners and business customers to select elective units relevant to the work outcome, local industry requirements and the qualification level. All vocational education qualifications must lead to a work outcome. BSB07 Business Services Training Package qualifications allow for Registered Training Organisations (RTOs) to vary programs to meet: • Specific needs of a business or group of businesses • Skill needs of a locality or a particular industry application of business skills • Maximum employability of a group of students or an individual. When packaging a qualification elective units are to be selected from an equivalent level qualification unless otherwise stated.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Introduction

“Knowledge is of no value unless you put it into practice.” Anton Chekhov

This unit standard, BSBHRM510A Manage Mediation Processes is about developing, implementing, and reviewing guidelines and procedures for mediation within an organisation, or on behalf of an organisation. This unit applies to human resources practitioners who have a role in the management of mediation within their organisation, or who may work as consultants providing mediation services to organisations. The unit covers the policy framework required for the management of mediation and the skills associated with the provision of mediation. Mediation is a process in which the stakeholders to a dispute, with the assistance of a neutral third party (the Mediator), identify the disputed issues, develop options, consider alternatives, and endeavour to reach an agreement; the Mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Introduction (continued)

Co-mediation is where the neutral third party is a team comprising two or more persons (the Mediators). This manual is broken up into four Elements. They are:

1. Develop Mediation Guidelines 2. Prepare for Mediation 3. Settle Dispute Through Mediation 4. Finalise and Review Mediation. There are activities throughout this workbook. These require the Learners to think about their experience or reactions, or to try and complete some research through reading or accessing the Internet. The activities will also help Learners towards completing the Assessment Task by assisting them to think about issues involved in the Assessment Tasks. Learners will then be asked to complete an Assessment Pack for this unit of competency. The information contained in this workbook will assist them. These tasks can be completed as they work through the workbook, rather than leaving it all to be completed at the end of their study. Finally, at the end of this Resource you will find a list of useful resources that you may use for further information. You will need to have access to an Internet terminal. Throughout the text, there are references to websites for further information and for some activities. This unit contributes the attainment of National Certificates. Mediation is used as a way of resolving disputes between two or more stakeholders with documented outcomes. The Mediator, acting as an objective third party assists in the negotiation of a settlement between the stakeholders. Mediation processes are processes that make settlements and agreements easier through independent negotiation. The Mediator provides assistance in managing a process which supports the participants to make decisions about future actions and outcomes. However the process does have to be managed and that is the topic of the training.

BSBHRM510Aâ&#x20AC;&#x201A; Manage Mediation Processes Trainer Manualâ&#x20AC;&#x201A; ÂŠ Precision Group (Australia) Pty Ltd

ELEMENT 1:

Develop Mediation Guidelines

Performance Criteria Element 1 1.1

Research and collate history of disputes and dispute resolution within the organisation, including triggers for disputes

1.2

Consult identified key stakeholders to determine requirements related to mediation

1.3 1.4 1.5

Determine mediation requirements within the organisation

1.6 1.7 1.8

Draft and validate guidelines for mediation with stakeholders

Research and document models and systems for mediation Identify and document parameters for a mediation system from consultation and research process

Obtain endorsement for guidelines from senior management team Circulate guidelines and train mediators in guidelines and procedures

BSBHRM510Aâ&#x20AC;&#x201A; Manage Mediation Processes Trainer Manualâ&#x20AC;&#x201A; ÂŠ Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

Develop Mediation Guidelines Stakeholders in dispute often need the support of a third party in facilitating the conflict management process when they have become so caught up in their differences that they are no longer able to find constructive ways forward. A third party is a person or group of people who assists individuals and groups to negotiate and successfully reach agreement. The third party is generally referred to as the Facilitator or Mediator. Facilitator is a more general term, which can be applied to anybody who guides group processes (discussions, meetings, workshops). A Mediator is specialised in conflict management processes, and Mediator is therefore the preferred term used in this manual. In order to be effective at guiding negotiations, the conflict stakeholders must be at the centre of the Mediator’s concerns. This requires attention to rapport and communications, as well as strong ‘people skills’. In addition, the process is the means – the vehicle – for addressing the content of the negotiation and meeting the stakeholders’ objectives. Good relationships among the people and an effective, acceptable process are both needed in order to deal with the content. Mediation is often used to achieve a ‘win-win’ outcome when individuals have conflicts with each other or with an organisation. Certain conditions must exist for mediation to be an appropriate alternative. First, a conflict must exist between at least two stakeholders. Second, the stakeholders must be willing to achieve a resolution to the dispute based on consensus. Third, the stakeholders must agree on the Mediator(s) who will act as the neutral Facilitator in the resolution process. However, the disputants must trust the Mediator to be impartial and the mediation process to be a viable solution to the dispute. The expectations of the disputants can determine whether or not mediation is an appropriate alternative for dispute resolution. The disputants must be ready, willing, and able to resolve their differences with the assistance of the Mediator. Individuals who are not ready to settle their differences and are using mediation to avoid settlement are not suited for mediation. Individuals who are not willing to settle the conflict themselves and are expecting the Mediator to adjudicate the disagreement are not suited for mediation. Individuals who are not able to resolve their differences and cannot negotiate in good faith are not suited for mediation. The issues in dispute must also be appropriate for mediation. Issues between supervisors and subordinates such as performance appraisals, delegation of responsibility and authority, and promotions, are all appropriate for mediation. Between co-workers, issues such as workload distribution, cooperation, and gossiping are issues that can be successfully resolved through mediation. Discrimination and equal employment opportunity issues across all levels of the organisation may also be appropriate. Generally, most organisational issues of a noncriminal nature can benefit from mediation.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

Mediators in organisations are often referred to as ombudsmen. Large organisations may staff one or more full-time positions responsible for mediation. In addition or as an alternative to full-time ombudsmen, organisations may designate departmental contacts who can assist with dispute resolution in addition to their regular duties. Those responsible for dispute resolution typically receive some formal instruction on the mediation process and may attend relevant conferences. Ideally, an ombudsman is high enough in the organisational hierarchy that they are perceived to have some influence but is not so high that they are perceived to represent the organisation’s interests.

Research and Collate the History of Disputes and Dispute Resolution within the Organisation including Triggers for Disputes To establish guidelines for mediation, you will need to know the history. Why has it been decided to establish a process for mediation? Are there recurring issues? Traditionally, mediation is used for triggers such as: • Appeals, grievances, and complaints that have escalated and remain unresolved • Industrial disputes • Interpersonal or team conflict • Misunderstandings about expectations or contractual requirements. How have these been managed in the past and by whom? This information will enable you to begin concepts about the type and size of process to be developed. There are a number of models that may be applied. Some of those include: • Arbitration This is where stakeholders turn over the decision-making process to a private individual with stature, experience, and standing who can exercise authority. The decision is final, the proceedings are private, and decisions are typically made at a faster pace than in the court system, with lower costs to all involved. However, the arbitrator may be difficult to select or agree to, and may abuse their discretion. • Ombudsman An ombudsman is an official appointed to hear stakeholders’ complaints and conduct independent fact-finding investigations with the goal of correcting abuses of an organisation. Often, the ombudsman is located within the chain of command of a corporation and reports to the head of the organisation. Ombudsmen can also be found in universities and government agencies (such as the Australian Taxation Office). BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

• Neutral Fact-Finder A neutral individual with specialised subject matter expertise is asked to investigate specific concerns and make recommendations as to further actions. • Mediation Mediation refers to negotiations that are carried out with the help of a neutral, independent party. Mediators can skilfully shape (for better or for worse) the dynamics of a negotiation. Mediators are particularly useful in multiparty disputes, where the simple management of face-to-face meetings is not enough to move the stakeholders toward a viable agreement. Good Mediators will first assess a conflict before agreeing to involve themselves. This will give them the opportunity to determine how and when they can be of most help, or if their services are not likely to be helpful at a given time. Mediators may:

1. Encourage information exchange and provide new information 2. Help stakeholders to understand each other’s interests 3. Help to reframe certain issues in ways that hold the potential for integrative solutions

K eep an appropriate balance of emotional expression, sharing of concerns, gathering and interpreting information, and problem-solving

5. Work with stakeholders to test their assumptions and help them realistically assess their alternatives should an agreement not be reached

6. Encourage stakeholders to brainstorm and explore creative solutions before committing to any particular settlement

7. Suggest

solutions or potential agreements that meet the interests of all

stakeholders. Mediators are bound by a professional code of ethics to exercise neutrality insofar as the issues at hand, but they remain advocates for a fair negotiation process. • Facilitation Facilitation is the skilful management of conversations and meetings. Particularly in multiparty disputes, getting people to gather information, express their views and concerns, appreciate what others are saying, and even defend their views under certain conditions, can be difficult. Facilitation can be used to improve the flow of communication and to avoid unnecessary impasses. Facilitators are selected and agreed to by the stakeholders, who voluntarily enter into discussions managed by them. Facilitation does not involve intervention before or after discussions to help shape an agreement, and can therefore be limited in its usefulness when disputes are complicated.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

• Unassisted Negotiation Unassisted negotiation involves conversations between two or more individuals or organisations who believe that they can meet their interests by dealing directly with each other. No neutral assistance (i.e. mediation, facilitation) is used. Stakeholders leave it to the group or to one or more people at the table to structure the conversations. Each of these dispute resolution methods provides different opportunities for stakeholders to communicate with one another for the purpose of persuasion, which is the common definition of negotiation. The methods differ in terms of the degree of party control over how communication is structured, and to what end. The final decision as to the processes to be adopted will be taken after consideration is given to the types of dispute, the preference of the organisation and stakeholders and the skills and experience of those employed to establish the process.

Consult with Key Stakeholders to Determine Requirements Related to Mediation and Determine Mediation Requirements within the Organisation You will need to consult with the key stakeholders who may include: • Management or Business Partners It is usually the role of senior management to initiate the establishment of a new system and a process for mediation would be no exception. Therefore, it would be essential to discuss the needs, history, budget, and parameters of the proposed process before firming up too many concepts. • Staff From Other Sites or Locations Staff from other sites or locations should be included to provide facts relating to those groups. • Unions Unions may participate if invited and act in the interests of the employees. Consulting with all stakeholders as a starting point is crucial. To begin the process, contact the main stakeholders and give them time to explain their perceptions of the situation. Mediators may use the technique of asking “Why?” questions to explore the boundaries and underlying causes of the conflict in more detail. They can use the information obtained from the different stakeholders to develop a preliminary basis for their recommendations about the mediation process evolution and development.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

At this stage, it may be discovered that the issue or issues may be far more or far less complex than it first appeared. When the root causes of a conflict are not properly understood, any steps to develop the final process too early may miss some important causes. The process may then not be properly developed, and may cause delays in resolution or discontent later on. Any questions that stakeholders have about the process should be clarified. This analysis can be carried out with the whole stakeholder group or subdivide the group into subgroups. If subgroups are formed, different perceptions of the needs of the process may be seen which would otherwise have been missed. Discuss the suggestion to divide into subgroups with all the participants and let them make the final decision. Subdivision makes sense only if you feel that: • There are serious power differentials within the group • Only a few participants are talking, while the others seem reluctant to voice their opinions • It may be viewed as inappropriate that young or poor people, or women speak publicly (as is the case in some traditional societies).

Research and Document Models and Systems For Mediation Now that the background of the situation has been discovered, and the major stakeholders have been consulted, it is time to plan the mediation process. To do this, you will need to conduct some research to determine the best model for this situation. Information from various sources is available: • Australian Standards There are national standards established for Mediators and mediations, and several professional associations. As well as establishing the approval standards for practitioners they establish the practice standards for the process. For example, in Australia, once stakeholders have decided to participate in mediation, the majority of Mediators will require them to sign a document, commonly known as an ‘agreement to mediate’. Agreements to mediate represent an important step in the mediation-process because stakeholders participating in mediation often have different views and expectations in relation to the mediation-process, the Mediator’s role, and the stakeholders’ role. This following site provides information about process development. http://www.msb.org.au/

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

• Benchmarking Exercises Benchmarking in a self-improvement tool for organisations that allows them to compare themselves with others, to identify their comparative strengths and weaknesses, and learn how to improve. Benchmarking is a way of finding and adopting best practices. A Google search of the topic will reveal benchmarked models. Benchmarking steps include: ○ ○ Decide whether to use existing pre-standards / benchmarks as starting point ○ ○ Develop an action plan for the data gathering, review it with stakeholders ○ ○ Appoint the benchmarking team and the moderating body ○ ○ Carry out the data collection (internally and externally) – questionnaires, site visits, peer reviews ○ ○ Develop an action plan with targets for improvement ○ ○ Implement the action plan and set new areas for benchmarking.

“All successful companies are constantly benchmarking their competition. They have to know what they have to match up with day-in and day-out if their company is going to be successful.” James Dunn

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

• Dispute Sources and Characteristics Recognition of the types of issues within a conflict and consideration of the most effective means of addressing them requires recognition of the sources of dispute and their characteristics. A useful method of determining this helps to identify and enumerate the core issues that contribute to a conflict and provides a checklist to help Mediators consider different categories of such issues. This can help explore the boundaries and key issues of the conflict, in order to sort them out and place them in context. Issue analysis is best used as a model for process Mediator developers, particularly during the entry process and stakeholder consultation, when the developer needs to obtain a clearer picture of the business and its issues. The tool should not be used as an aid in the group, because the differentiation into different types of issues may confuse people. In real-life conflicts, it may be difficult to distinguish clearly among the different categories, and it is helpful to be pragmatic in sorting the issues. At the same time, the categories may help to trigger additional useful questions to ask and additional issues to look into. • Internet Searches As stated earlier, Internet searches can reveal benchmarked strategies, standards, and ideas of methods of mediation. • Psychological Associations and Professional Bodies Information, support, and assistance may all be obtained from the professional associations and bodies. These can be accessed through an Internet search. • Resolution Techniques A working knowledge and experience in the use of resolution techniques is essential as is discussion with stakeholders as to the applicability of each to the process under development. • Textbooks and Journals Textbooks and the publications of many of the associations will provide further information and models for information and potential inclusion. • Training Programs There are a number of facilities that offer training and qualifications in mediation as a vocation or in conjunction with other training such as psychology, psychotherapy, or counselling. Many universities and RTOs offer courses that allow you to enter one of the professional associations. In the least, you will acquire the basics that you need to perform in that role in your organisation.

BSBHRM510A Manage Mediation Processes Trainer Manual © Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

When investigating the model you plan to adopt, carefully consider the potential ramifications as well as the benefits of any plans you make. Ensure that the stakeholders are aware, during the first meeting, of what you plan to introduce, how it will function, and how agreement is intended to be reached. You must obtain agreement before you proceed. If agreement is not possible, either mediation should not be undertaken or new arrangements must be negotiated.

Identify and Document Parameters for a Mediation System from Consultation and Research Process The establishment of parameters for mediation systems may include any or all of: • The Code of Conduct for Mediation This will be available from the website discussed earlier: http://www.msb.org.au/ This is also where you will find the approval and practice standards. • Logistics for Mediation, Including Time Limits on Process, Locations Used, Duration of Sessions Practical arrangements must be made. Where will the mediation meetings be held, how long is allowed for each session and knowledge of whether there are time limits on the duration of the mediation. That is, does it have to be settled in a certain number of hours, days, or weeks? • Number of Mediators Required within the Organisation The question of the number of Mediators required within an organisation will relate directly to the size of the organisation and the number of disputes within it. This will also be influenced by the use of individual Mediators or teams of Mediators. • Privacy and Confidentiality Provisions How is the information, information sharing, and recording going to remain private and confidential? If there is teleconferencing or online dialogue (Skype) ,it becomes more challenging to establish protocols for security. But it must be done. • Forms for Use in Mediation Process There are a large number of mediation forms online to allow production of the agreements surrounding mediation. These include the costs including Mediator fees. It is always a good idea to ensure that you have a legal opinion of the completeness and credibility of any forms used. Other forms should be developed to encourage standardisation of the process, especially feedback.

Element 1: Develop Mediation Guidelines

• Rationale for Engaging Mediation Process There must be a clear and viable reason for undertaking mediation. Ensure that the stakeholders are ready as described in the beginning of this Element. Otherwise it could be a waste of time and money. On the other hand, while the development of a mediation process requires careful planning and a large amount to be budgeted, the reduction of workplace conflict could result in huge savings in the longer term. • Recording and Reporting Requirements What reporting and recording is required? How do the stakeholders want to do this? Does the organisation need to be included? Making these decisions and provisions early is essential to avoid potential deal-breaking discoveries later. • Separate Discussions with Disputing Stakeholders and Group Discussion We have discussed the need to gain preliminary information and how this may be done in separate meetings with the different stakeholders or in an initial group session. This is largely determined by the issue and emotion, geographical locations and the expectations of the stakeholders. This too, must be agreed in advance of interventions.

Draft and Validate Guidelines for Mediation with Stakeholders Once you have acquired all of the information and decided the best course of action, location, timing, and so on, it is time to document this information and inform the stakeholders to gain agreement. This is usually done in a report style or organisational format if there is one available. Your report must be set out in an organised format with perfect spelling and good English. A formal report must leave the reader clearly understanding what has been done, the conclusions, and recommendations. The following sections are a useful method for ensuring completeness and clarity:

1. Abstract This is a summary that details the objective, process, results, conclusion, and recommendations. It must contain the key thoughts and ideas because executives often read only the abstract and will make a decision based on that section. It should be only one or two paragraphs in length and written after the entire report is completed. Include a description of some highlights in the evolution of mediation management systems in Australia.

2. Introduction This is where the tone for the report is set. The reader is provided with the basic information that allows the remainder of the report to be understood and in the correct context. Background information relating to the report is also included here.

Element 1: Develop Mediation Guidelines

3. Body of the Report The information is the introduction is explained and elaborated on in this section. Statistics, discussion of models, and supporting information to back up your conclusions and recommendations are used here. It must be indepth and provide all of the information required to ensure that the reader completely understands the recommendations.

4. Conclusion Here you summarise your findings and the conclusion that you have made based on the facts and information presented in the previous sections. Your conclusion will provide a thorough analysis and synopsis of your work and support your recommendations.

5. Recommendations The recommendations describe the actions that need to be taken based on your research, findings, and conclusions. They must be indepth enough to enable the reader to evaluate your recommendations and form their own conclusions.

6. Appendix This is a list of all of the resource materials that you have used in the report. It details the authors, publications, books, or articles that were used. Remember to consider who your audience is and what their needs are. Write in a style which communicates your message easily and without excess detail. Be sure to stay on the topic. Headings work well to help keep your audience on track and they make the report easier to read. Make sure that the report flows nicely by using transitional words like further, besides, therefore, or hence. Whether in a written report or as part of a presentation to executives, by setting these benefits out in a structured and focused manner to the senior management team, the risk of program being seen as just another useless paper exercise are removed and its implementation is something that makes clear business sense. There will be a process in your organisation. It is up to you to find out how this is expected to be done in your organisation and follow the steps precisely. Once completed and approved by senior management, the guidelines must be distilled from the report and distributed to all stakeholders. This will include development of forms, agreements, perhaps contracts, and recruitment. The communication may be done electronically or in a meeting as previously agreed. Once agreement is made, or the guidelines edited and agreed, they can be endorsed by senior management.

BSBHRM510Aâ&#x20AC;&#x201A; Manage Mediation Processes Trainer Manualâ&#x20AC;&#x201A; ÂŠ Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

Obtain Endorsement for Guidelines from Senior Management Team The guidelines that are produced for senior managers must be very detailed in how the system you are proposing will operate. The guidelines will have been developed in conjunction with stakeholders from as wide an area as possible and must provide practical information on the proposed system in several areas:

1. Determining whether the organisation needs an integrated mediation system 2. Phases and components of design and implementation of a system 3. Critical elements in designing, evaluation, and monitoring the program. In any organisation, ultimate decisions regarding the future will be made by the person in charge. The same can be said for gaining commitment to the implementation of an initiative within your organisation. Once the guidelines have been validated, they must be submitted to stakeholders for agreement and approval. Whilst many are aware that mediation is good for the organisation and its people, without careful communication, the business benefits of implementing a plan may not be clear to the senior management team.

Circulate Guidelines and Train Mediators in Guidelines and Procedures Once the plan and guidelines are signed off by senior management and stakeholders, it must then be circulated to all interested individuals. This could be done through meetings, training sessions, tailgate meetings, newsletters, email, or other means appropriate for your organisation. Mediators must also be retained and trained in the guidelines and procedures. The amount of education and experience that will be required by your organisation will have been determined and documented in the guidelines, so follow those processes, and the recruitment processes of your organisation if necessary. Questions to consider when selecting Mediators could include: • What training have they received? (It should be through a well-recognised institution, university, or professional organisation.) • How long have they been doing mediations, and how many cases and what types of cases have they mediated? • What standards of conduct do they abide by? (Mediators should belong to a professional Australian organisation and be bound by their code of conduct and the Australian Practice Standards.)

Element 1: Develop Mediation Guidelines

Once the Mediators are decided, training must be undertaken to ensure that they are knowledgeable in the guidelines, procedures, and expectations of the organisation. Organisations will usually run a pilot project to test the mediation program and correct any problems. They must identify the key people who will manage the program internally. If outside Mediators are being used, they may adopt a liaison role acting as a conduit between the organisation and Mediators.

BSBHRM510Aâ&#x20AC;&#x201A; Manage Mediation Processes Trainer Manualâ&#x20AC;&#x201A; ÂŠ Precision Group (Australia) Pty Ltd

Element 1: Develop Mediation Guidelines

Notes

Element 1: Develop Mediation Guidelines

Activity One As a group using the whiteboard, brainstorm the areas that you think would be important to include in the guidelines for senior management in your organisation. ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... .........................................................................

Trainer’s Notes for Activity One A proposed budget and discussion of training of current staff vs recruitment of specialist staff would be two that may be considered.

Element 1: Develop Mediation Guidelines

Key Points Element 1 • Dispute resolution within an organisation requires research and collating of the history of disputes, their triggers, and their resolution within the organisation. • Key stakeholders must be identified and consulted to determine requirements related to mediation. • The organisation must determine and approve mediation requirements. • Models and systems for mediation must be researched and documented. • The parameters for a mediation system must be Identified and documented after a consultation and research process. • The guidelines for mediation with stakeholders must be Identified and documented. • Endorsement for guidelines must be obtained from the senior management team. • The guidelines must be circulated and Mediators trained in guidelines and procedures.

Element 1: Develop Mediation Guidelines

Element 1 – ‘True’ or ‘False’ Quiz True

Mediation is often used to achieve a ‘win-win’ outcome when individuals have conflicts with each other or with an organisation.

The disputants may not be ready, but can be persuaded by the Mediator.

False

The disputants must be ready, willing, and able to resolve their differences with the assistance of the Mediator.

To begin the process, Mediators contact the main stakeholders and give them time to explain their cases, grievances, and perceptions of the situation.

The Mediator should explain that when the root causes of a conflict are not properly understood, any steps to manage and solve that conflict may miss some important causes.

Large organisations only have one full-time position responsible for mediation. Large organisations may staff one or more full-time positions responsible for mediation.

The senior management guidelines should also include a description of some highlights in the evolution of mediation management systems in Australia and a short bibliography.

Whilst many are aware that mediation is good for the organisation and its people, without careful communication, the business benefits of implementing a plan may not be clear to the senior management team.

Practical arrangements must be made. Where will the mediation meetings be held, how long is allowed for each session, and knowledge of whether there are time limits on the duration of the mediation. That is, does it have to be settled in a certain number of hours, days, or weeks?

Once the Mediators are decided, training must be undertaken to ensure that they are knowledgeable in the guidelines, procedures and expectations of the organisation. Once the Mediators are decided, they will become knowledgeable about the guidelines, procedures, and expectations of the organisation over time.

There are a large number of mediation forms online to allow production of the agreements surrounding mediation.