UK Mediation Journal Issue 8 by Iconic Media Solutions

Issue 8

MEDIATION JOURNAL

4TH ANNIVERSARY EDITION

in association with

Helping people and business resolve disputes quickly, confidentially and cost-effectively After more than 20 years, our mission remains to ensure that court is the last resort by giving individuals or advisers easy access to an independent panel of highly experienced and effective mediators, many of whom are ranked by Chambers & Partners and the Legal 500. Mark Jackson-Stops

Civil & Commercial

Family & Divorce

Workplace & Employment

Talk to us today about resolving your dispute Call 0333 014 4575 or visit www.mediate.co.uk

IN PLACE OF STRIFE The Mediation Chambers

The International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU

Connect With Us

MEDIATION JOURNAL

Welcome to Issue 8 of the UK Mediation Journal Welcome to Issue 8 of the UK Mediation Journal, published by Iconic Media Solutions in partnership with Civil Mediation Council. In this issue we take a look at how mediation is currently being used to resolve large scale disputes both commercially and in the workplace, including issues arising from China’s ‘One Belt One Road’ infrastructure project. We continue with the conversation of sexual harassment in the workplace and examine the many challenges faced by those wanting to make a complaint. Over 28% of those who do not report sexual harassment cite the potential damage to working relationships as the primary reason. Mia Forbes looks at the place of mediation in this very difficult process and how it can help. Read more on page 16. Confidentiality is one of the most important factors in any workplace dispute, find out how confidentiality in workplace mediation works when HR needs to manage the implementation of any agreement. We hope you enjoy this issue and should you wish to submit an article for Issue 8, please email editorial@iconicmediasolutions.co.uk

in association with:

CIVIL MEDIATION COUNCIL

Inside: 4.

National Mediation Awards 2018 – The Winners’ Voices

The Future of Civil Mediation Council

CMC Workplace and Employment Update

10. Emotional Intelligence –

An essential feature in the mediator’s toolbox

12. Mediating cross-cultural conflict 14. Negotiation – An important skill! 16. Has the world gone mad?and have we lost the ability to negotiate constructively and collaboratively?

17. Independent Mediators Limited 20.

Commercial Mediators could hold the key to International Peace

22. Directory of Mediation & Training Providers

Craig Kelly Managing Director Iconic Media Solutions Publishers of the UK Mediation Journal

@UKMediationJ

Published by Iconic Media Solutions Ltd, 90 Long Acre, London WC2E 9RZ t: +44 (0)20 3693 1944 e: info@iconicmediasolutions.co.uk w: www.iconicmediasolutions.co.uk

Whilst every care has been taken in compiling this publication, and the statements contained herein are believed to be correct, the publishers do not accept any liability or responsibility for inaccuracies or omissions. Reproduction of any part of this publication is strictly forbidden. We do not endorse, nor is Iconic Media Solutions Ltd affiliated with any company or organisation listed within. It is advised before appointing a mediator or trainer that you carry out your own quality and competence checks.

3 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

National Mediation Awards 2018 – The Winners’ Voices he National Mediation Awards (NMA) took place in Mediation Awareness Week, in early October. The event, which the Civil Mediation Council jointly hosted with the College of Mediators, proved to be a fantastic celebration of excellence across all mediation sectors. Here, some of the winners share their thoughts on having received the award. “Winning the mediation programme of the year award has been very important for The Medical Mediation Foundation and we were very honoured to receive it. The award brings recognition that medical mediation is becoming an important specialist area in the mediation field, particularly in the light of the recent high profile cases of Charlie Gard and Alfie Evans.” Sarah Barclay, Director, Medical Mediation Foundation. “I manage a small project in Tower Hamlets providing free community mediation to all residents suffering conflict with their neighbours and to win the Community Programme of the Year was a true honour. The THMP project is only possible with the support of Rebecca Naylor at Reed Smith law firm in the city.” Irene Grindell, Tower Hamlets Mediation Project ‘It is a great honour to accept the Mediation Programme/Initiative of the Year Award 2018 on behalf of the Metropolitan Police Service. A high profile Employment Tribunal in 2014 led to a new framework and approach to managing workplace disputes as well as investing in over 50 people in becoming trained Mediators. I would like to thank all of those who have been involved in helping the Met make this change in approach a reality.’ Claire Lawson, Head of Case Management (Discrimination Complaints) ‘The TCM Group were proud to be presented with the Award for Mediation Service Provider of 2018. 2018 has seen a substantial increase in the use of workplace and employment mediation and we are grateful to the CMC and the College of Mediators for recognising our leadership in this field.’ David Liddle, The TCM Group “While I am immensely honoured and humbled to be recognised in this manner, much of the credit for this should be given to the inspirational people I’ve had the opportunity to assist, collaborate with and be inspired by. This award is a testament to the wonderful people, be it mentors, institutions, stakeholders, or beneficiaries who have, in so many profoundly powerful ways, shaped my journey and modest contributions in the ADR world.”Mohamed Faizal Mohamed Abdul Kadir “I trained the peer mediators at Hay-on-Wye Primary school back in 2015. The children and staff at Hay School have been so open to these ideas and committed to making their service work, I am very proud of

4 4 UK Mediation Journal, Issue 8

them. If there are adult mediators out there who would like to work with their local primary school and be part of a cultural shift, please do get in touch with us as we provide training and support to mediators and schools.” Claire Jackson, Kids Mediate, Hay on Wye Primary School ‘I felt proud to be part of such an amazingly diverse group of mediation award winners. As well as applauding individuals, the awards celebrate the many achievements of the mediation community generally.’ Laura Mackey ‘Winning Mediation Champion of the Year 2018 awarded by the NMA was an overwhelmingly happy experience for me, as it pronounced true acknowledgment and appreciation as a mediator from the mediation industry. This has created a platform for me to springboard other professionals, women mediators, especially BAME professionals and businesses’. Selina Morgan-Gayle ‘It is such a privilege to work collaboratively with so many great people - develop and promote our field needs to be a joint effort, just like mediation.’ Ewan Malcolm “Being nominated and receiving this award highlighted the importance of writing on the subject of family mediation and taking people, whether mediators or the public, on a journey, whether it be educational or, as in my article, making a political point. I hope that the NMA continue to inspire people in the industry to strive towards excellence and to recognise the dedication of people within the field of mediation.” Stuart Hanson “We were delighted and proud to win Best Video of 2018 at NMA. Winning this award under scored that community mediation is a valuable and valued service and worthy of its place as part of the variety mediation interventions that can be accessed. The award has enabled us to provide recognition to out wonderful volunteer mediators, it has enhanced our profile as a charity and reputation and it makes us feel what we do is well regarded.” Mark Green, Brighton & Hove Independent Mediation Service ”We place a huge emphasis on fostering a supportive, caring culture at Aviva and our Resolution Procedure sits squarely at the heart of this. By using mediation, we can help to resolve matters more quickly and with less pain all round – which is better for our people, and ultimately our customers. We were thrilled to receive this award and we’ll build on this success as our cultural transformation continues.” Anthony Fitzpatrick, Aviva People Function

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

2018 Winners Mediation Programme/Initiative of the Year – Civil/Commercial Winner: Medical Mediation Foundation Highly Commended: Third Sector Mediation Project

Mediation Programme/Initiative of the Year – Community Winner: Tower Hamlets Mediation Project Highly Commended: Solution Talk

Mediation Programme/Initiative of the Year – Workplace Joint Winners: Metropolitan Police & Aviva

Mediation Service/Practice of the Year Winner: The TCM Group Highly Commended: In Place of Strife, The Mediation Chambers

Mediator of the Year – Civil/Commercial Winner: David Richbell Highly Commended: Peter Causton

Mediator of the Year – Community Winner: Ryan Compton

Mediator of the Year – Family Winner: Jan Coulton Highly Commended: Lisa Parkinson

Mediator of the Year – International Winner: Mohamed Faizal Mohamed Abdul Kadir Highly Commended: Anne Dick

Peer Mediation – School of the Year Winner: Young Mediators – Kids Mediate Watch a video (https://youtu.be/fU7UlIeihGk) of the Kids Mediate project in action at Hay Primary School.

Mediation Champion of the Year Joint Winners: Selina Morgan-Gayle & Laura Mackey

Mediation’s Unsung Hero Winner: Ewan Malcolm

Mediation Article of the Year Winner: ‘Do we need to raise our voice?’ (https://www.mediate.com/articles/hanson-raise-our-voice.cfm) By Stuart Hanson

Mediation Video of the Year Winner: ‘Tempest’ (https://youtu.be/gJtIDgAwLRM) By Brighton & Hove Independent Mediation Service Highly Commended: ‘Transforming Conflict Nurturing Relationships‘ (https://scottishconflictresolution.org.uk/conferences/nurturing-human-relationships-2017) By Scottish Centre for Conflict Resolution

5 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

MEMBERSHIP CHOICES 2018 Your membership means we can do more, faster. Anyone with an intrest in mediation can become a CMC member: join us and help promote the use of mediation more widely. If you are a mediator, register with us to show the public that you meet professional standards.

Organisations 2018

Individuals 2018

ORGANISATION

INDIVIDUAL

£102

£360 £660

£192

Training Courses

£192 All Registered Mediators registering via a panel and In House Workplace Mediators employed by an CMC Member Organisation receive significant discounts when registering.

£300 Organisation membership required.

(Prices inc VAT)

To find out more about joining the CMC scan the QR code or visit: civilmediation.org/join-cmc To enquire about membership contact: applications@civilmediation.org 6 When MediationaJournal, Issue 8 by: 6 UK choosing mediator or mediation skills training provider, make sure you choose one thatSponsored is CMC registered. You can search our membership database or verify registration at www.civilmediation.org/results/

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

The Future of Civil Mediation Council By Paul Adams, CEO, CMC New CEO Having joined CMC in June 2018, I am undoubtedly a new comer to the world of mediation and have had a steep learning curve to understand the profession and the current trends in the emerging dispute resolution industry. From day one, I have been struck by the passion and enthusiasm of those involved in all types of mediation, something that has undoubtedly been the key factor in moving the profession to where it stands today.

Current Situation As many of you will know, CMC has come to be the main representative of civil mediation within England & Wales. Historically, the main area of its work has been commercial mediation but in the last few years this has expanded, to encompass workplace & employment mediation. The synergy between these areas is fairly obvious and these will continue to be vital components of CMC’s work in the future. To date, CMC has largely been carried forward by a significant number of volunteers, whose sacrifice and passion have delivered the organisation that we have today. Recent developments in the dispute resolution landscape are moving the industry in an increasingly professional direction. If mediation is to replace much of the unnecessary litigation we see currently, then this professionalisation needs to be welcomed and exploited fully for the benefit of all. Such a process must be led, by the membership organisations responsible for the various mediation sectors, which involves them being able to lead by example. To this end, at CMC, it falls to me, the committee members and board, to ensure that a professional, effective and efficient example is set to our members. In addition, CMC must seek to balance what is best for our members in the short term with what is best for the profession in the long term. For example, to encourage confidence from mediation customers, regulation must be weighed against operating freedom & cost incurred by our members. Inevitably, there will be a variety of opinions on the best course of action. CMC must seek to listen to those opinions carefully, ensuring that our membership has the chance to influence the debate, before making informed decisions on the best courses of action. It is strong leadership that is required to move the profession forward and not a mediated solution! Before I am accused of heresy by the devoted mediators amongst you, I will clarify this by saying that it is my opinion that there is often a confusion that mediation can be used to replace leadership. To give an example to illustrate this point, everyone is aware of the strong cross-currents that the Brexit negotiations have encountered as the country struggles to find a solution that will please everyone. The facts are that such a solution does not exist, ‘you can’t please all of the people, all of the time’. What both the country and the mediation profession currently need in this period of change, is direction, focus and pragmatic leadership. These are the elements that CMC, along with the other membership organisations must deliver going

forward, if we are to bring mediation into the mainstream public conscience.

Strategic & Structural Review In order for CMC to lead the Civil Mediation Profession forward, it must ensure that it makes the transition from voluntary to professional in nature. Whilst the experience and passion of it’s volunteers will continue to be the organisation’s greatest asset, it is essential that we ensure that their efforts are focused in the right direction and supported by full time staff where required. Consequently, in August 2018, we commenced a ‘root and branch’ review of the organisation to assess how effectively we currently operate and how we might improve that performance in all areas. This includes not only the development of an overall strategy but additionally, a complete analysis of current operational structure. The final elements of this review are to look at both, how we serve our membership and how we cooperate with other membership bodies in the mediation space. Historically, both of these areas have lacked cohesion and in future are areas requiring significant improvement.

Findings To Date So far, the review process has gone very well with great engagement and open mindedness from all involved. As CMC has limited resources, it is essential that these are targeted effectively in future, if progress is to be made. Consequently, at CMC’s November 2018 Board Meeting, a raft of structural changes was approved, with the aim of enhancing operational focus and efficiency. Further changes to the articles of governance will be presented for members’ approval at the December 2018 AGM. Simultaneously, a wide-ranging consultation process has been under taken, to establish the views of both the Board and the wider membership on the future of CMC. This consultation process should be completed by the end of 2018 but will become an annual fixture from 2019 onward, to ensure that members are able to have their input into the running of their organisation.

Development Timetable The aim is to have the restructure completed and a new strategy for CMC in place by spring 2019. It then becomes a case of monitoring and adjusting to ensure that the organisation meets its strategic objectives moving forward. Once approved, these will be communicated to the membership and reported against on a six-monthly basis, to ensure transparency and that the confidence of the membership is maintained.

Thoughts about the future Without wishing to pre-empt the strategy development process, there are a few broad themes that I can share now, to give an idea of what CMC will be seeking in the future. These are: •

Co-operation: CMC will seek to work more closely with the other membership bodies to improve cohesion across the profession and provide a united voice.

7 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

•

Research: CMC will seek to find ways to implement a raft of research projects to provide the objective data necessary, to support mediation’s case for wider inclusion.

•

Government: CMC will seek to inform and advice Government to the benefits of wider mediation inclusion. Standards & Regulation: CMC will seek to balance requirements for the promotion of best practice and voluntary regulation with the practical problems of increased bureaucracy.

•

Membership Benefits: CMC will seek to improve and develop the benefits available to its members.

•

Communication: CMC will seek to get across its key messages, that mediation works and should be used more widely, clearly and directly to relevant stakeholders, including business, the legal profession, judiciary, government and the public.

•

Sector Specific Development: CMC will continue to provide leadership for commercial, workplace & employment mediation sectors. In addition, in future it will look to develop a national voice for community mediation.

in association with:

•

CIVIL MEDIATION COUNCIL

Technology: CMC will look to improve its own use of technology to improve operational efficiency. In addition, it will aim to monitor and influence the wider development of technology within mediation itself, in order to ensure that it remains at the forefront of the profession.

Conclusions The mediation sector faces difficult but exciting times over the next few years. How successful we are, will depend on our ability to provide a united voice for mediation’s benefits and our demonstration of a well-regulated, well led profession. That is a responsibility shared by mediators and mediation organisations alike. I look forward to sharing the journey with you, as we strive to achieve this in the coming months and years.

CMC Workplace and Employment Update By Caroline Sheridan, Chair, CMC Workplace and Employment Group When I wrote my piece in the UK Mediation Journal in June 2017 about the “manifesto” of the CMC’s Workplace & Employment group, we had some big ideas but not much actually happening. This is to let you know just how far things have changed since then in the promotion of workplace mediation and the CMC generally. On the conference front, we have just completed the last of our national Save Time, Save Money, Save Stress events with Cardiff and Newcastle this year following on the heels of London and Solihull in 2017. Those conferences focused on how HR and line managers could overcome the obstacles they might face in seeking to introduce mediation in the workplace, and have received consistently very positive feedback. W&E group members spoke at the CMC’s All-Mediation conference in May this year about mediating disputes involving employees with mental health issues. We also ran a packed and controversial session in London in June on how far it is possible or appropriate to use mediation to resolve sexual harassment complaints. Our speakers have included senior figures from both sides of industry, plus ACAS, the Civil Service, the Fawcett Society and the CIPD. I am grateful to all of them and to the kind sponsors, partners and hosts of our conferences. On the membership front, we have taken steps to boost numbers by absorbing the former PMA and its membership. We have also welcomed the Civil Service and other new organisational members in the last year. To broaden our appeal to prospective members the CMC is introducing a new category of membership whereby internal workplace mediators and their current and future employers can obtain validation by the CMC of their mediation experience and capabilities, and

8 8 UK Mediation Journal, Issue 8

those mediators can access the resources and benefits which the CMC offers. Details are on the CMC’s website. We have also been busy on the writing front, not just in the UK Mediation Journal but also in submissions to the Fawcett Society and representations direct to Parliament in connection with the development of Westminster’s much-publicised new code of conduct after serial bullying and harassment stories had reached the media. More work still to be done on that front, I suspect! We are contributing to academic research on conflict, and W&E group members regularly publish their own articles and posts on the many benefits of mediation in workplace disputes. So a busy couple of years since the first conference in February 2017, but there is still more to be done. In 2019, the workplace and employment group will look to strengthen its presence through regional groups to allow a wider reach and more focus on local mediation issues, whether that is prospective new members, new employer converts to workplace mediation or the best interests of local mediation providers, and in addition to our own conferences from time to time, in a move to boost the profile of the CMC and mediation itself, to supply suitable speakers to bigger commercial conferences with greater marketing muscle and more extensive corporate databases. I am always interested to hear what CMC members think, especially on the W&E front. You can reach us at workplace@civilmediation.org. If you would like to get involved in any of these initiatives, I do very much hope that you will be in touch.

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Resolving conflict, transforming business Transforming Business We recognise that an organisation is only as its relationships. •successful Workplace as Mediation and Conflict Resolution: to repair professional relationships and leave organisations stronger We are recognised in the legal directories as providing •high-quality Leadership Development: to challenge senior leaders to be facilitation and mediation services for the widest theofbest they can be employment disputes. range workplace and •We Team Performance: to drive both individual mediation and use practitioners experienced in coaching, and collective performance facilitation, negotiation and psychotherapy to maximise your chances of resolution. • Executive Coaching: to unlock self-learning and hence maximise potential 90%+ Mediation success rate Pre 753 and5350 post mediation coaching 0203 Mediator supervision caroline@sheridanresolutions.com Mediation skills for managers sheridanresolutions.com Clients include household names in retail, finance and leisure industries

THERE’S A BETTER WAY Avoid the FIGHT... the COST... the STRESS 9

With Professional Business & Property Mediation

UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Emotional Intelligence – An essential feature in the mediator’s toolbox By Dr. Lorraine Dacre Pool, PhD, CPsychol, University of Central Lancashire & Emma McAndry, Reader in Mediation, University of Central Lancashire The University of Central Lancashire (UCLan) is home to the award-winning Centre for Mediation, which offers civil, commercial and workplace mediation services and training. The Centre and the training course were established in 2014 and allow participants to qualify as mediators in the civil, commercial and workplace sectors. Whilst this service is provided by a university, it is fully approved and recognised by the Civil Mediation Council. The training course has included participants from around the world and a wide range of backgrounds, including students, academics, barristers, solicitors and business people. Once qualified, participants have the opportunity to gain experience as mediators in the Centre for Mediation’s Clinic. In addition to operating commercially, the Centre provides a pro-bono mediation service to students and members of the local community and allows them to resolve disputes in a confidential non-judgemental way. It continues to grow, receiving referrals from organisations such as the Citizens Advice Bureau, the Personal Support Unit and the Court. At a recent training course, the subject of emotional intelligence (EI) was raised and prompted some discussion about how this was likely to be an important factor in any mediation process. Before we elaborate on this, we need to establish what we mean by EI and introduce a helpful model. As with many psychological concepts, there are a number of theories and models supported by different researchers in the field. However, most would agree that EI is concerned with how people recognise, use, understand and manage emotion. This definition is based on the work of two eminent U.S. psychologists, Jack Mayer and Peter Salovey, who introduced the four-branch model of EI in the 1990s (Mayer & Salovey, 1997). They proposed that EI consists of four abilities: • ability to perceive emotion, both in yourself and in other people (it is also possible to perceive emotion in things like music, writing and art) • ability to use emotion to help with thinking and decision making

• •

ability to understand emotion ability to manage emotion (both in yourself and sometimes in others). In situations where people have low levels of EI, or for some reason, do not use their EI ability, they may read each other incorrectly leading to inappropriate responses. With little understanding of emotions, people may not be able to take somebody else’s perspective, resulting in a lack of empathy and reactions that appear to be tactless or inconsiderate. Poor emotion management can lead to an escalation of any conflict situation, often resulting in angry exchanges with words said that may be forgiven but are impossible to forget. Therefore, EI is likely to be helpful throughout any mediation process. Concentrating just on the mediator, how might using their EI be helpful to them throuwghout the different stages of mediation? Here are some questions the mediator can ask themselves – they may want to just think these through, or at some of the stages, may prefer to write down their thoughts and feelings for their eyes only.

Pre-Mediation • •

•

How do I feel about the process I am about to start? Do I have any feelings about the different parties involved? Do I have an understanding of how these feelings may have an impact on my impartiality? How can I manage these feelings appropriately? (e.g. I can recognise and acknowledge them, but put them to one side for now, or perhaps reframe them as something more positive or neutral).

First Joint Meeting (all pa rties together, providing opening statements) • •

• • • •

What emotions can I read from the different parties? What is being said, but importantly, what is not being said but expressed in facial expressions, body language and tone of voice? If there are smiles, do they appear to be genuine or could they be masking other feelings? How do I feel in this room? Am I feeling anxious – if so why? Do I need to listen to my intuition here? Are people displaying emotions that will need managing effectively? What might I say that will help the process? What should I not say …?

Caucuses

image credit: Max Pixel

10 10UK Mediation Journal, Issue 8

• • •

What emotions are being expressed in the private sessions? Are these different to the ones being expressed more publicly? Would it be helpful to ask the individuals how they feel as well as what they think about the situation?

Sponsored by:

MEDIATION JOURNAL

•

How am I feeling? Are there issues that conflict with my own values and if so, how can I manage my emotions effectively so I can remain impartial?

Final Joint Meeting (all pa rties together reaching a final agreement) • • •

What emotions can I read in the different parties? How might they be feeling at this stage? How am I feeling? Do I have negative feelings at this stage (e.g. I may be feeling frustrated at slow progress to a final agreement – is this showing in my words and body language? Or I may be delighted with an agreed settlement – but need to ensure my comments and body language remain professional).

After Mediation • • •

On reflection, did I find that a stressful process? Did I handle the emotional side of things well (both in myself and in others)? Is there anything I can learn from the experience that will help me improve as a mediator?

in association with:

CIVIL MEDIATION COUNCIL

• •

How do I feel now about the process and the parties involved? What will I do to de-stress and ensure I am not taking negative emotions away with me that could have an impact on my life outside of mediation? Because of the very nature of the work, there will be heightened emotions in most mediation cases. The mediator sets the tone for the whole process, which requires a good level of emotional intelligence on their part. If mediators are seen to read the situation well, treat people with respect, show empathy and manage their emotions effectively, they set a good example for everyone else involved and as such, improve the chances of a successful outcome.

REFERENCE Mayer, J. D., & Salovey, P. (1997). What Is Emotional Intelligence? In P Salovey & D Sluyter (Eds). Emotional Development and Emotional Intelligence: Implications for educators (3 – 31). New York: Basic Books.

TRAIN TO BECOME A CIVIL & COMMERCIAL MEDIATOR WITH UCLAN’S AWARD WINNING CENTRE FOR MEDIATION

11 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Mediating cross-cultural conflict By Tania Coke, Senior Mediation Consultant at Consensio

n Japan, interpersonal relations are governed by the notion of “wa”. According to this philosophy, individuals are expected to prioritise the harmony of the group over their own personal interests. They do this by “reading the air” (kuuki wo yomu), to sense the collective feeling in the group and then choosing their words and actions so as to fit in. It is very unusual for people to say or do anything that goes against the group feeling – in line with the oft-quoted adage: “The nail that sticks out will be hammered down”. This deference to other people’s opinions, and reluctance to express one’s own, can be shocking to British sensibilities. My British upbringing taught me that it’s good to think independently and stand out from the crowd. What Brit would prefer to be a sheep than a goat? In my observation, this British emphasis on individuality and self-expression has become stronger in recent decades. We are quicker than ever to assert our opinions, especially on social media where, “unlike in the offline world, there is little or no personal risk in confronting and exposing someone” (BBC). There is a Japanese word, “tateyoko”, which could be used to symbolise these two behaviours. “Tate” means vertical, whilst “yoko” means horizontal. The Japanese culture tends to the horizontal in that the focus is outwards, on relations with others. The British is closer to the vertical axis, because of its greater focus on the self. Of course, neither evvxtreme is intrinsically right. There are times when it is right to express an opinion strongly, even if it means standing out. And there are times when it is wiser to hold back our personal opinions and focus on what other people think. So both cultures, Japanese and British, have something to learn from the other. In Japan, as the population declines, businesses are increasingly looking overseas for customers and workers. This has triggered a conscious cultural shift in the workplace. Many Japanese companies are running global communication programmes, training their employees to be more assertive and

12 12UK Mediation Journal, Issue 8

to adopt more western ways of communicating at work. Often it is “gaijin” (foreigners), such as myself, who deliver this training. I find it hard to imagine the same thing happening the other way round: British companies bringing in Japanese people to train their employees to be more oriental in their communications. Perhaps the comparison is unfair, because the British workforce is already far more racially diverse than the Japanese. But it is interesting just to entertain the idea. And I suspect the typical British employee would do well to spend a little less time expressing their own opinions, and a little more listening to other people and “reading the air”. The point I want to make is that there is always something to be learnt by looking to cultures, mind-sets and worldviews that are different from our own. We can gain awareness of our own predispositions, by seeing how they differ from those of others. Workplace mediation offers an opportunity for parties to explore some of these cultural differences that may result in workplace conflict in a safe environment with an impartial mediator. Secondly, we can challenge ourselves to step outside our comfort zones and usual behaviours and experiment with different ways of relating to others. Then we will be in a position to choose, consciously and creatively, how to behave in each situation, drawing on a wider repertoire of interpersonal skills, and greater openness to behaviours different from our own. So now you have a new excuse to go on that dream holiday to Japan… For further information on mediation or conflict resolution services, visit: www.consensiopartners.co.uk

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Do you spend a lot of time, energy and money dealing with workplace conflict? Our mediation and conflict resolution services have been developed to improve your bottom line and reduce the negative impact of unresolved conflict. Get in touch to find out how we can help you transform your approach to organisational conflict. You can contact us on 020 7831 0254 or info@consensiopartners.co.uk

13 Sponsored by: UK Mediation Journal, Issue 8 13 A leading conflict management and workplace mediation provider. Mediation, training, accredited courses, consultancy and coaching. www.consensiopartners.co.uk

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Negotiation – An important skill! Are negotiation skills important to have? Quite simply, we negotiate every day without even realising it. It could be with our partners, with our children or even in our workplace. Without some sort of negotiation good or bad our interactions with others would be besieged by constant conflict and misunderstanding. We can often find ourselves in a situation where we have locked horns with others who hold different views or have different goals in mind. A competent negotiator will find a mutually acceptable way forward. They will skilfully navigate their way through the maze and find their way out unscathed. Good negotiation leads to better working practices at home and in the work place itself. An important point to remember is that negotiation isn’t limited to big corporate decisions, or formal boardroom negotiations. Whether you are at work discussing a challenging situation with a co-worker, dealing with issues in your friendships or even trying to negotiate with your four-year-old that it’s bedtime, you can use negotiation skills several times a day, for challenges big or small. When you are able to successfully navigate your way through an issue, prevent a conflict or achieve an acceptable solution to a mutual problem you have accomplished the art of negotiation. ADR ODR International offers a 3-day intensive course which will be delivered in partnership with the European Institute for Conflict Resolution (EICR). This course is aimed at people from all backgrounds and professions. We believe that strong negotiation skills can help people in all industries resolve conflicts in their workplace, in their home and in their personal life. The ability to negotiate can change

14 14UK Mediation Journal, Issue 8

how you perceive conflict; how you deal with it and can help you resolve the conflicts which arise across all areas of your life. The 3-day Executive Negotiation and Conflict Management Skills Course aims to: • give you a basic understanding of how conflicts arise; • give you an introduction to conflict resolution; and • enable you to critically analyse the use of conflict resolution methods and approaches; • equip you with the basic skills needed to negotiate your way through a conflict; • help you to understand the principles behind negotiation; • help you to understand the cross-cultural issues that can occur during negotiations; • help you familiarise yourself with e-negotiations. • help you to understand your own negotiation style (and other negotiation styles.) The next course is scheduled for 25th-27th March 2019 at the Fairmont, The Palm Dubai. Please email Info@adrodrinternational. com for more details and a course brochure.

www.adrodrinternational.com

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Executive Negotiation AND Conflict Management Skills Course

DUBAI 25 - 27 MARCH th

2019

Executive Negotiation and Conflict Management Skills Course which offers one- to-one personalised feedback for professionals. 15 Please visit our website for further details - www.adrodrinternational.com or Sponsored by: UK Mediation Journal, Issue 8 email our office for further information at info@adrodrinternational.com.

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Has the world gone mad? and have we lost the ability to negotiate constructively and collaboratively? By Roger Levitt Where to sta rt!? There are so many examples around the world at present of the negative, confrontational rhetoric which is more divisive than ever, with countries / parties taking positional negotiations to an extreme that becomes counter productive to good deal making or even a threat to peace. This negative approach can be translated into the Boardroom or the workplace. This presents real challenges to HR and dispute resolution professionals and mediators. I believe that the (false) premise is in danger of taking over: that the tougher the line you take, the better the deal you can be achieved. This is the Trump form of negotiation and diplomacy. So witness here, for example, the tortuous positional standoff between the US and China over their trade war Closer to home we experience with horror the 2 ½ years of agony endured with the Brexit negotiations. At the time of typing this, Theresa May is back from Brussels with her tail firmly between her legs having been told no renegotiation or amendments to the exit agreement are possible and that the ball is in our court (is it ever in their’s?) Is it surprising she got such a frosty reception in Brussels when she started her speech saying we are at the beginning of a negotiation (rather than the end!) Also guaranteed to wind up your ‘opponents’ is constant talk of ‘ red lines’ and what ‘we don’t want’ rather than ‘what we can achieve together’ Harold Wilson famously said ‘Politics is the art of the possible’ and this applies not just in politics but in negotiation generally, including of course, mediation. Instead, the one constant in the Brexit negotiations that both sides have been able to agree upon is that the ball is in the other sides court.

THERE’S A BETTER WAY find common ground and work on a solution they can all live with, so they can get on with their lives.

Advantages of Mediation – COST... the STRESS Avoid the FIGHT... the The advantages of mediation have been well rehearsed in this Journal.

However, in brief, because mediation is& private and confidential and With Professional Business Property Mediatio

So what can be done? Mediation can provide the answer when used properly. In the good / bad old days mediation used to be a sign of weakness. If the object was to ‘win’ then how could it possibly be seen as anything other than a sign of weakness to propose mediation. If your aim was to win then the way to do that was by having your day in court and ‘beating’ the ‘other side’. However things have changed to turn the tide towards mediation being a sign of strength: 1. The increase in court fees introduced in 2015, has in my experience, greatly increased the number of pre issue mediations I’m seeing 2. I’m also seeing a greater number of court directions to mediate 3. A number of cases (Dunnett v Railtrack, Halsey v Milton Keynes NHS Trust PGF II and Thakker v Patel have held that an unreasonable refusal to mediate, can result in costs penalties 4. General common and commercial sense has meant that more people are mediating rather than engaging in costly time consuming and stressful litigation. A skilled mediator can help move peoples’ attention away from fighting over the past, and instead guiding them to look to the future, to

16 16UK Mediation Journal, Issue 8

without prejudice, it enables the parties, with the guidance of the mediator, to freely explore possible solutions. I’ve found the benefit of open sessions to be invaluable in this, even though they have generally become less popular of late. It gives the participants and their advisors the chance to address each other over the table. I often find this is the first time that the decision makers have met. When they are face to face, they can see that their ‘opponent’ is not an ogre, and that they can talk constructively round the issues, with the mediators guidance.

How does this translate to the workplace? As Winston Churchill famously said ‘ Jaw jaw is better than war war’ Disagreements in the workplace often escalate through lack of communication, and then assumptions are made, which are wrong, and before you know it the matter has blown into a dispute, with each ‘side’ taking positions. The relationship can be the first casualty and once that is lost, it becomes harder for each ‘side’ to back down. The same applies to a dispute in the boardroom, between partners or neighbours.

So how do we break this negative cycle? – For me, communication is the key. This applies to all levels of disputes that I’ve described. It is essential to maintain dialogue direct between decision makers, so there can be less room for misunderstanding and wrong assumptions. All assumptions are dangerous: even this one! So keep the lines of communication open and then it will be easier to nip disputes in the bud. Roger Levitt has been a commercial property solicitor for over 34 years (now, non practising) and he has been a civil and commercial mediator for 10 years - www.rogerlevittmediation.co.uk

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Independent Mediators Limited Independent Mediators is home to a group of Europe’s leading full-time civil and commercial mediators, nationally and internationally recognised for their work. ndependent Mediators (IM) was formally launched in June 2007. We operate as a mediation chambers. All the mediators work full time as mediators and are only appointed through Independent Mediators. Our chambers consists of Charles Dodson, Phillip HowellRichardson, Kate Jackson, Michel Kallipetis QC, Jonathan Lloyd-Jones, Mark Lomas QC, Bill Marsh, Andrew Paton and Nicholas Pryor. When forming IM our aim was to make the process of instructing mediators simpler and to recognise and to meet the requirements of instructing solicitors and individuals. We are very conscious of the need to provide a competitive service and are recognised as offering exceptional value for money. We make the country’s top mediators available at affordable prices for any size dispute. We do not charge any admin fees to the parties. Only mediators recognised by the leading directories as being in the top tiers of UK mediators are invited to become members of Independent Mediators. We are unashamedly “elitist” offering some of the best mediators in Europe. We will never offer an inappropriate mediator for any instruction. The concept has worked extraordinarily well. Instructing solicitor’s feedback shows that not only was our business model correct but that the quality of the mediators’ performance and the administrative service that supports them has probably exceeded expectations. The number of mediations per year has consistently increased since our launch and now numbers 500+ per year. Since we launched the group we have received in excess of 5000 appointments. The parties to cases IM members mediate range from litigants in person to multinational companies; with sums claimed from £25k to multi billion. Appointments are received from a broad range of sources including, top ten City firms, international law firms, regional and high street practices, increasingly from in-house lawyers, government departments, security services, local authorities, police forces and litigants in person. The subjects mediated cover almost every sector of business and law. Some examples include; all aspects of commercial/ financial services/banking/employment/group actions/insurance/ professional negligence/regulatory and workplace disputes. Our appointments are increasingly from international sources with the number growing each year. Instructions from lawyers,

clients and governments along with training and consultancy means our mediators have worked with over 85 countries worldwide. Following the implementation of the European Mediation Directive we took the decision to recognise the mediators experience and to offer our services to a wider audience who may wish to take advantage of the combined expertise in the growing areas of International/Cross Border/Multiparty disputes. Our international presence has been identified by the international directory Who’s Who Legal: Mediation. They acknowledge IM as a leading mediation chambers recognised for the excellence of their specialists.

17 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

How HR can really add value in 2019! By David A Evans David A Evans is a specialist in Executive and Workplace Mediation, with over 30 years’ experience in employee relations, HR leadership, and OD driven commercial transformation roles. Formerly a Managing Director in Accenture he has in recent times been Managing Director of The Diversity & Innovation Company which helps business leaders broaden their diversity of thought. In Place of Strife has a dedicated panel of specialists in Workplace Mediation: David A Evans, Liz Rivers and Felicity Steadman. They each have over 30 years’ commercial experience and can be appointed at www.mediate.co.uk.

Using Workplace Mediation to help resolve mental health absence cases. As an HR Lead do you know the cost of mental health absence cases to your organisation, and would you like to make a significant contribution to your organisation by reducing the length and cost of long term mental health sickness cases, as well as improving the way you deal with your employees?

18 18UK Mediation Journal, Issue 8

Mind, the mental health charity, reports that 1 in 4 people suffer from a mental health problem. There is evidence to suspect that reported statistics may understate the issue as a 2018 Accenture survey reports that within the workplace just 1 in 5 employees (22%) said they would be open with colleagues about mental health issues. When it comes to the issue of cost the statistics are shocking. Research by the Centre Forum Commission found

Sponsored by:

MEDIATION JOURNAL

that mental health problems cost UK employers £26 billion each year, averaging £1,035 per employee. The Thriving at Work report revealed that over 300,000 people with long-term mental health problems lose their jobs each year. This is a staggering loss of talent and productivity from organisations, and given the rate at which mental health issues are increasing in the workplace the current approach of removing employees rather than supporting them to return to work is not sustainable. It is time for HR to deploy a new mechanism to help address the epidemic of mental health related absence in UK business. Having spent over 30 years in HR I know the pressures on HR professionals to resolve cases quickly whilst working within the considerable legal constraints of the Equality Act. Conventional HR wisdom is that HR must protect the organisation by being seen to rigidly stick to the policies and procedures, fearful of providing the one fleck of black sand on the otherwise golden sand beach for an employment lawyer to spot. This results in HR taking a formal, procedural, and essentially defensive approach to absence linked to mental health issues, for example requiring employees to raise a formal Grievance when they have concerns about how they are being treated during their absence. Yet employees who go on long term mental health sickness are often literally not in the right state of mind for rigid processes and resolving issues by working through concerns and problems in long meetings, or working through lengthy, stressful, and energy sapping procedures such as a Grievance investigation. Anecdotal evidence from employees who have been on mental health related long term sickness is that when they raise a concern, for example about how a line manager has been dealing with them, or the actions they need the employer to take in order to reduce stress triggers the response from HR is bureaucratic – needing to be seen to stick rigidly to the rules in order to provide a legally defensive audit trail of treating the employee fairly. This in turn amplifies employee concern in an environment when employees can often be in a state of heightened sensitivity to perceived threats, for example due to anxiety. Employees report that a rigid and bureaucratic approach from HR is more likely to drive them into the arms of an employment lawyer, which in turn begets an even more cautious and procedural response from HR.

in association with:

CIVIL MEDIATION COUNCIL

The issues that can be challenging for HR, such as employees not wanting to be contacted, not wanting to have meetings in the office, not wanting to have to raise a formal Grievance in order to register a concern about how they are being treated, or wanting to bring their partner or mother to a meeting can all be dealt with through the flexible yet legally supportive mechanism of Workplace Mediation. Workplace Mediation provides several advantages to HR leads who are dealing with mental health absence cases. Mediation can provide the most flexible mechanism to explore the issues and find a suitable way forward, which will reduce the employee’s concerns, reduce emotion and generate good will – all vital factors in reducing the pressure on employees and encouraging an earlier resolution of the case. Mediation also provides the legally recognised framework to protect the employer while issues are explored flexibly and resolved. The other great advantage for HR is that you can be the company’s representative in the room with the employee and the mediator, thus addressing two of HR’s main concerns about Workplace Mediation - not being involved in the actual discussions and the fear of not receiving a report out of the mediation process due to the parties wanting to keep the process confidential. HR can be in the room and can explore creative approaches to help the employee, while protecting the employer, and if the mediation is not successful there is nothing lost from the employer’s perspective. Mediation delivered in a flexible way, for example in short bursts as required through the duration of the employee’s absence, can provide a safe context for employees to air their concerns, and facilitate the right solution at each stage of the employee’s recovery. If a case ultimately ends in litigation an Employment Tribunal will not criticise an employer that has tried to do the right thing, been seen to treat its employee fairly and with respect, and tried to reduce the chance and costs of a bitter legal battle. Enlightened HR professionals will realise that Workplace Mediation could be a very clever way of reducing cost and preventing loss of talent to the organisation. You will be able to save on sickpay, loss of productivity, termination costs, and resultant re-recruitment costs. Be brave, grab the bull by the horns, and go and give your CEO the good news today!

What is the alternative? In the general management of cases it is possible for HR to manage these types of cases fairly, sensitively, proactively and robustly. When mental health absence cases have progressed to the long term sick stage HR need to be able to operate flexibly, yet protect the organisation at the same time. As well as following the ACAS guidance on dealing with mental health absence cases HR should now think seriously about using Workplace Mediation to explore and agree the right way to overcome issues that emerge during the absence, and to set the frame work for a return to work. The issues often relate to how the organisation will communicate with and support the employee with a view to bringing them back to work with reasonable adjustments.

www.mediate.co.uk

19 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

in association with:

CIVIL MEDIATION COUNCIL

Commercial Mediators could hold the key to International Peace A new collaboration seeks to make a pioneering difference in peacemaking By Susanne Schuler, Mediator and Director of Training and Consultancy, CEDR (www.cedr.com) urrent conflicts around the world, such as those in Syria, Crimea and Yemen, have huge challenges in finding a resolution, with the international ramifications of multiple states exerting influence and pressing their interests. In the world of peacemaking the reality is that the flexibility of global business, which frequently has a local presence and connections, means that it can often move quicker and more effectively to set the stage for early negotiations and even facilitate initial dialogue. This is opposed to the difficulties faced by foreign governments or regional authorities who often have to take more formal channels and build formal consensus before starting discussions. There is therefore a real requirement - in order to improve peace in the world – that there be more people in the business community able and willing to step into early and strategic negotiations in those locations where conflict may be developing.

A conflict without a commercial mediator In the book ‘How To Master Negotiation’ by CEDR (Bloomsbury Professional, 2015), in the chapter on teamwork Andy Rogers discusses the Northern Ireland Peace Accord. He notes that Khoi Tu, in his 2012 work ‘Superteams’, discusses a famous

20 20UK Mediation Journal, Issue 8

photograph of Tony Blair, Bertie Ahern, Ian Paisley and Martin Guinness shortly before the final piece agreement was signed. Ian Paisley has told a joke and everyone is laughing. This raises the question of how a negotiation with so many participants in such a fraught, adversarial situation managed to progress to the Good Friday agreement on 10 April 1998. Although not by design, the Northern Ireland process worked in three phases: • Neutralising phase - initially the conveners set out to neutralise the fears and paranoia of the parties. If these fears could not be mitigated the momentum would not be maintained. • Humanising phase - building on the neutralising stage was the second phase to make the process more human. Participants stopped demonising the other side and started to see their opponents as people they might work with albeit with very different views. • Functioning phase - the third phase grew organically from there - talking about common goals and transitioning from enemies into a group working together with a purpose. One might reflect that this particular process was maybe easier to achieve than one might suppose. So why did it take

Sponsored by:

MEDIATION JOURNAL

so long? This was a dispute where it was politicians who were expected to find a solution and it was eventually the successful intervention of neutral Americans politicians who helped make the difference. Had people from business been able to take more of a role in starting informal discussions it might have been possible to circumvent some of the formal channels needed to begin talks.

in association with:

•

Turning commercial mediators into International Peacemakers The need to find mediators from business was the catalyst to getting two bodies established in their own fields - CEDR (Centre for Effective Dispute Resolution) and The Oxford Process - to collaborate on creating a programme to introduce the principles and practicalities of peacemaking to those who work in commercial mediation. There was also a specific goal to bring into the field of peacemaking experienced mediators who are working in the commercial sector. Each organisation brought its own special attributes to the collaboration: • CEDR, the London-based non-profit Alternative Dispute Resolution Centre, is known internationally for its Mediator Skills Training, having trained over 9,000 individuals in over 70 countries. Its Commercial Services operation oversees the mediation of hundreds of high-value disputes every year. • The Oxford Process facilitates a unique type of discreet highlevel dialogue between the parties to some of the world’s most intractable conflicts. It uses the tools of geo-political insight, analysis, cultural savvy and human psychology to understand and manage the human relationships that underpin conflict. Both organisations felt that the knowledge and skills each side could bring to this approach to peacemaking would be hugely useful so last month saw the first advanced programme for commercial mediators in International Mediation and Peacemaking, run by CEDR in conjunction with The Oxford Process. The programme they created focuses on how to analyse complex conflicts, methods of constructing and facilitating dialogue, mediating and negotiating in a peacemaking context and how individuals can contribute to current and future international peacemaking negotiations.

Learning to use the same skills in a different context What became very apparent during the running of the first five-day programme was the similarity between commercial mediation and the techniques used in peacemaking. In both types of negotiations a facilitator must work adeptly with a flexible process to help build understanding between sides over their different world views and goals. A mediator will also work interchangeably both formally and informally - as necessary – in order to help the participants as respectful as possible whilst hopefully humanising each side to some extent. This synergy helped clarify for the commercial mediators that peacemaking is about learning the important subtleties of how to use their existing skills within a new context. The group heard from a number of relevant speakers who led sessions, which included:

•

CIVIL MEDIATION COUNCIL

A conflict resolved through a Commercial Mediator involved – South Africa: Spending time with Michael Young, a businessman who secretly organised the meetings between the South African government and the leadership of the African National Congress (ANC) that led to the release of Nelson Mandela and contributed to the end of apartheid. Michael was accompanied by movie producer David Aukin who captured Michael’s story in the 2009 film ‘Endgame’ which dramatised the chronicle of events that led to the momentous change. These speakers gave real-life guidance of how business can, when it sees the need, move into peacemaking mode by working in small ways to increase dialogue and successfully hold informal meetings between warring interest groups. Working under pressure in places such as Libya, Iraq and Syria: Former international hostage negotiator, Phil Williams, took the delegates through the scenario of negotiating with terrorist groups and how to make progress in impossible circumstances. A key for the hostage negotiator is to recognise that you do not need to agree with an individual to understand them. Once you have a comprehension of their wants and needs then that person feel ‘heard’ and you can start looking at what the building blocks on an agreement might consist of. The importance of identity perception: The Swiss Ambassador to the United Kingdom, Alexandre Fasel, led a fascinating discussion on how perceived national characteristics have an influence on the preference for different nationalities in International Peacemaking. The lesson here was to understand how our own nationality and background will be colouring the opinions of others in a negotiation before we have even set foot in the room let alone before we have opened our mouths.

Next steps The programme was led by a combination of commercial mediators and international facilitators from both CEDR and the Oxford Process: Dr Andrzej Grossman, Susanne Schuler, Nita Yawanarajah, and Gabrielle Rifkind. Both CEDR and The Oxford Process look forward to repeating the programme again when it is scheduled to run in July 2019. Both organisations are also keen to hear from others with thoughts in this area or experience of this work to help contribute to the important task of creating new building blocks

for peace.

www.cedr.com

21 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

In association with:

CIVIL MEDIATION COUNCIL

MEDIATION PROVIDERS: ADR-ODR INTERNATIONAL CEDR CONSENCIO FOCUS MEDIATION GARDEN COURT MEDIATION IN PLACE OF STRIFE INDEPENDENT MEDIATORS

IRENE GRINDELL RESOLUTIONS CONSULTANCY JAMS INTERNATIONAL ROGER LEVITT STILL HR SHERIDAN RESOLUTIONS LTD THE TCM GROUP

ADR-ODR INTERNATIONAL LTD t: +44 (0)20 3488 1979 e: info@adrodrinternational.com w: www.adrodrinternational.com We have a panel of internationally distinguished mediators who cover over 10 countries, speak over 15 languages and cover a huge range of specialisms. To join our panel, receive exclusive discounts and have your profile featured on our website, email info@adrodrinternational. com

CEDR t: +44 (0)20 7536 6060 e: adr@cedr.com w: www.cedr.com Europe’s largest independent commercial and workplace dispute resolution provider: CEDR has worked with over 100,000 parties in commercial disputes and helped resolve over 300,000 consumer complaints across 30 sectors. A select few of the individuals CEDR trains progress to join the CEDR Mediation Panel, which currently comprises 200 mediators speaking 15 different languages.

CONSENSIO t: +44 (0)20 7831 0254 e: alex.efthymiades@consensiopartners.co.uk w: www.consensiopartners.co.uk a: 30 Niton Street, London, SW6 6NJ Contact: Alex Efthymiades Consensio is a leading workplace mediation provider, helping organisations to manage workplace conflict. Our services include: 1) mediation and conflict resolution training ranging from taster events to accredited training, 2) external mediation services for two-party and team disputes, 3) conflict coaching and 4) consultancy services to transform organisational responses to conflict.

FOCUS MEDIATION t: +44 (0)1908 231 132 e: mary@focus-mediation.co.uk w: www.focus-mediation.co.uk Contact: Mary Banham-Hall Focus Mediation is a CMC Registered Provider, established in 1999 we cover the whole of the UK and handle all types of mediation cases.. We have a team of fully accredited Workplace, Civil/ Commercial and Family mediators with a wide range of professional backgrounds, ensuring you can choose the right specialist mediator for your dispute. We can help with all types of workplace and employment problems, our team have handled cases involving from 2 to 50+ people and can tailor the right programme to meet your needs saving you management time and costs...

22 22UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

In association with:

CIVIL MEDIATION COUNCIL

GARDEN COURT MEDIATION t: +44 (0)20 7993 7600 e: mediationclerks@gclaw.co.uk w: gardencourtmediation.co.uk a: 57-60 Lincoln’s Inn Fields, London WC2A 3LJ Contact: Lavinia Shaw-Brown We offer a flexible, high-quality mediation service from the initial inquiry through to facilitating agreement. We have a team of experienced, professional mediators with the interpersonal skills to suit all civil, commercial, workplace and family disputes. Our aim is to help you find a resolution to the dispute quickly and effectively.

IN PLACE OF STRIFE t: +44 (0)333 014 4575 e: info@mediate.co.uk w: www.mediate.co.uk a: International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU Contact: Joanne Claypole Leading UK and International Mediation Chambers established in 1995. Handling civil, commercial, family, workplace and employment disputes. Our mediators have, between them, mediated thousands of disputes and many of our members are recognised as expert mediators by the legal directories. In addition, we offer a full case administration service; from helping the parties select a mediator to arranging the date, venue and paperwork necessary to make your mediation as smooth and as successful as possible.

INDEPENDENT MEDIATORS

FIND OUT MORE ON PAGE 17

t: +44 (0)20 7127 9223 e: imoffice@independentmediators.co.uk w: www.independentmediators.co.uk Leading mediation chambers consisting of nine of Europe’s top full-time civil and commercial mediators; Charles Dodson, Phillip Howell-Richardson, Kate Jackson, Michel Kallipetis QC, Jonathan Lloyd-Jones, Mark Lomas QC, Bill Marsh, Andrew Paton and Nicholas Pryor. The mediators are nationally and internationally recognised for their work, featuring in the top tiers of the UK legal directories. They also all feature in the international directory, Who’s Who Legal, with three highlighted as thought leaders in their field. Our mediations cover a broad cross-section of civil, commercial, workplace and employment disputes including almost every sector of business and law. In addition, our administration team strive to make the process of arranging a mediation as simple and efficient as possible.

IRENE GRINDELL RESOLUTIONS CONSULTANCY t: +44 (0)7966 688 850 e: irene@igresolutions.com w: www.igresolutions.com IGRC provides high quality, sensitive, professional and effective workplace mediation, conflict coaching and training, tailored to meet your needs. Irene has 19 years expertise working with parties in conflict which gives her insight, understanding and knowledge that enables her parties to let go of resistance and high emotions in order to find resolution. IGRC associates are specialists in the field of ADR with backgrounds in HR, Change Management and coaching. We provide a full range of services including investigations and mutual evaluations along with Team Mediation and our speciality 2 party mediations. We invite enquires from all sectors and have experience working within NHS Trusts, the banking sector and higher education as well as the public and third sectors. Fluent in Spanish, French, Portuguese and German. We provide community mediation FOC in Tower Hamlets for all residents.

23 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

In association with:

CIVIL MEDIATION COUNCIL

Free Conflict Management Diagnostic TCM is offering a free onsite conflict management diagnostic to organisations, big and small, to help them to evaluate the causes, the costs and the consequences of conflict. We will then align quantitative data with qualitative data to create your unique Conflict Profile Report™. We will provide a verbal report and overview of what is working and what challenges you are facing to key HR, managers and unions. A written Conflict Profile Report™ is available on request for a small fee. The Conflict Profile Report™ will assist you to decide on the most appropriate conflict management strategy for your organisation. For more details and to set up your fee conflict management diagnostic, please contact info@thetcmgroup.com or call the TCM Conflict Management hotline on 0800 294 97 87 and quote: UK Mediation Journal TCM is also available to design and deliver more detailed audits and impact assessments into areas such as workplace bullying , sexual harassment and discrimination. BOOK NOW

24 24UK Mediation Journal, Issue 8

TCM Group

0800 294 97 87

Sponsored by:

info@thetcmgroup.com

www.tcmgroup.com

MEDIATION JOURNAL

In association with:

CIVIL MEDIATION COUNCIL

JAMS INTERNATIONAL t: +44 (0)20 7583 9808 e: mrushton@jamsadr.com w: www.jamsadr.com JAMS is the world’s largest private provider of ADR services with a caseload of around 15,000 disputes a year. Its London office provides arbitrators and mediators for cross-border and UK domestic disputes as well as administering international arbitrations in various sectors.

ROGER LEVITT t: +44 (0)7776 141 717 e: roger@rogerlevittmediation.co.uk w: www.rogerlevittmediation.co.uk I undertake all types of commercial mediation including: Property, Construction, Partnership, Corporate, Professional Indemnity, Insurance Financial & Wills. Member of Civil Mediation Council Registration Committee. I’m approaching 100 mediations.

SHERIDAN RESOLUTIONS LTD t: +44 (0)20 3753 5350 e: caroline@sheridanresolutions.com w: www.sheridanresolutions.com Contact: Caroline Sheridan Caroline is a leading mediator recognised in both the Chambers UK and Legal 500 directories and her company Sheridan Resolutions Ltd was this year recognised as a best practice provider of mediation and leadership development services in the Law and Justice edition of the Parliamentary Review. Chair of the CMC’s Workplace and Employment Group, Caroline is also personally in demand as an Executive Coach and Supervisor as well as running a leadership development consultancy which is ILM Approved delivering leadership and management, coaching and mentoring qualifications to levels 3, 5 and 7.

THE TCM GROUP t: +44 (0)20 7092 3186 e: david.liddle@thetcmgroup.com w: www.thetcmgroup.com TCM are a leading provider of conflict management, mediation, HR and leadership training and consultancy. We deliver tangible benefits to our customers by transforming conflict and change from a threat into an opportunity. For more details, please Read Managing Conflict (Kogan Page/ CIPD) available from https://amzn.to/2tOlIvP written by TCM’s CEO David Liddle.

25 UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

MEDIATION TRAINING PROVIDERS:

In association with:

CIVIL MEDIATION COUNCIL

ADR-ODR INTERNATIONAL

IRENE GRINDELL RESOLUTIONS CONSULTAN CY

CEDR

THE TCM GROUP

CONSENSIO

ADR-ODR INTERNATIONAL LTD t: +44 (0)20 3488 1979 e: info@adrodrinternational.com w: www.adrodrinternational.com All of our delegates will be trained for a dual qualification in face-to-face and online mediation. All of our training courses are tailor-made by industry experts across the Civil-Commercial, Workplace and Family mediation sectors. We also offer top up ODR courses and masterclasses. To sign up email info@adrodrinternational.com

CEDR t: +44 (0)20 7536 6000 e: training@cedr.com w: www.cedr.com CEDR Mediator Skills and Workplace Training are five-day programmes of comprehensive tuition and participation in effective dispute resolution where participants are trained and assessed for CEDR Accreditation, internationally recognised as the standard of excellence. CEDR has accredited over 7,000 mediators in over 70 jurisdictions.

CONSENSIO t: +44 (0)20 7831 0254 e: alex.efthymiades@consensiopartners.co.uk w: www.consensiopartners.co.uk a: 30 Niton Street, London, SW6 6NJ Contact: Alex Efthymiades Consensio is a leading workplace mediation training provider, helping organisations to manage workplace conflict. Our services include: 1) mediation and conflict management training, ranging from taster events to accredited training, 2) external mediation services for two-party and team disputes, 3) conflict coaching and 4) consultancy services to transform organisational responses to conflict.

26 26UK Mediation Journal, Issue 8

Sponsored by:

MEDIATION JOURNAL

In association with:

CIVIL MEDIATION COUNCIL

MEDICO LEGAL M A G A Z I N E

The magazine is published quarterly and circulated by email to 60,000 industry professionals such as major insurance companies, doctors, healthcare professionals, law firms and medico-legal agencies and experts. It is also hosted on the SpecialistInfo website (Specialistinfo.com) which has a database of 90,000 doctors.

MEDICO MEDICO LEGAL HALF PAGEL E G A L M A G A Z I N E

For advertising enquiries please contact Iconic Media Solutions: e: craig.kelly@iconicmediasolutions.co.uk t: +44 (0)20 3693 1940 www.iconicmediasolutions.co.uk

27 p res e nte d by :

UK Mediation Journal, Issue 8

www.specialistinfo.com

SCAN TO RECEIVE THE PRINTED VERSION Sponsored by:

RELIEVE THE PRESSURE IN YOUR ORGANISATION

The Certificate in Employment & Workplace Mediation Skills Training (THREE-DAYS) Resolving conflict in any organisation is a critical skill. Building on our internationally recognised and industry leading commercial Mediator Skills Training, CEDR’s Employment and Workplace course will provide participants with the full skill set required for the effective mediation of workplace and employment disputes.

Resolving differences at work Under the expert guidance of some of the UK’s leading mediator trainers, all experienced in commercial and specifically employment and workplace mediation, participants will learn how to: n Settle disputes and conflicts effectively - in days rather than weeks or months, saving vital management time n Add value to organisations by effective and timely management of conflicts and disputes - by finding sustainable solutions to potentially intractable problems n Manage the mediation process and facilitate constructive negotiation n Advise others on the features and uses of other effective dispute resolution techniques

Who should attend? This highly participative programme is a core management competency and forms the toolkit for: n HR Professionals n Employment Lawyers or In-house counsel n General Managers and Executives n Trade Union officials

Conversion for formal CEDR Accreditation Recognising that a number of attendees on this Employment and Workplace programme may decide either at the outset, or at a later stage, that they would like to work towards achieving Full CEDR Accreditation, we also deliver a three-day Accreditation module as a follow up to this course. Successful completion of this commercial conversion course leads to the title of CEDR Accredited Mediator.

Delivery Available as an open course throughout the year on an in-house basis n Intensive course with over 50 hours of teaching n Live demonstration of mediation process and skills n Active engagement through role play n Extensive coaching of participants n One-to-one feedback

Our clients say ... “A great introduction to mediation for those wishing to understand the process and start practicing the skills.” SENIOR MANAGER, EMPLOYEE RELATIONS HR STRATEGY & POLICY, ERNST & YOUNG LLP

“An excellent course that has provided a usable framework for use within the workplace.” HR BUSINESS PARTNER, THREE

“An excellent course with empowering faculty, very challenging but entirely worthwhile.” SOLICITOR, CROWELL & MORING

www.cedr.com If you would like to find out more or arrange a meeting to discuss your needs please contact CEDR by emailing training@cedr.com or calling +44 (0)20 7536 6000.

UK Mediation Journal Issue 8

Articles inside

Directory of Mediation & Training Providers

Has the world gone mad?and have we lost the ability to negotiate constructively and collaboratively?

Negotiation – An important skill

Commercial Mediators could hold the key to International Peace

Emotional Intelligence An essential feature in the mediator’s toolbox

Mediating cross-cultural conflict

Independent Mediators Limited

CMC Workplace and Employment Update

The Future of Civil Mediation Council