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.