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Placing mediation at the heart of the modern business

Reflections from introducing mediation within BT and American Airlines.

Friday 12th June 2009

David Liddle.

Founder and Director of TCM Ltd

tcmsolutions.co.uk

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Is there a storm brewing in your business?

Unresolved conflicts cost money; create stress and destroy relationships. Thankfully, mediation resolves conflict. Mediators nip issues in the bud and secure a lasting resolution.

Welcome to this presentation. My name is David Liddle and I am an experienced workplace and employment mediator. I am here today to share my knowledge and expertise with you. Please ask me questions at any time during the session, alternatively, you can contact me on 0207 404 7011 or visit www.tcmsolutions.co.uk

I hope that you enjoy the presentation!

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During this presentation I will focus on:

1. The nature of workplace conflicts and disputes.

2. ‘Opening the door to dialogue’ – the role of mediation within modern business

3. Setting up an in house mediation service - a how to guide.

4. Reflections from introducing mediation within American Airlines and BT.

Objectives

A comprehensive introduction to mediation; the role of the mediator and the impact of mediation.

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The nature of workplace conflict…

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Conflict is an unavoidable,

inescapable and even normal element of

working life.

Conflict occurs when we are having (or

perceive that we are having) our needs,

goals, values or beliefs blocked by

another. Our actions, our reactions and

our interactions determine whether the

conflict become and remains constructive

or whether it becomes destructive…

Chorng Twu:

The Chinese Symbol for Conflict

Danger and Opportunity

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Destructive conflict (the kind

that hurts) is not healthy – it is

avoidable and it is escapable.

The root cause of destructive conflict is

a sense of loss arising from our

unmet needs (Loss of confidence, face,

esteem etc.). The loss triggers negative

emotions and behaviours which can

become, hostile, divisive and eventually

harmful.

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1. The average annual costs to employers of dealing with ET claims (excluding management time) is almost £20k according to the recent Gibbons review.

2. TCM findings show that current grievance procedures bring situations to a resolution in less than 25% of cases.

3. TCM mediators achieve a signed agreement in 93% of cases.

Three useful facts about conflict

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‘Opening the door to dialogue’the role of mediation in a modern business

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• Mediation is now recognised good practice.

• Recognition of the real cost of conflict (human & financial)

• Stress, absence and performance management.

• Retention & management of employees.

• The Gibbons Review (2007).

• Employment Act (2008) and the new Acas Guidance.

The context of mediation:

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The benefits – the ROI.

• Timely and speedy.• Brings a resolution.• Empathy and respect.• Transformation.• Reduced stress and

sickness.• Increased performance.

“The mediation process is excellent for drawing out key issues - I was far more open than I had planned to be.

I found the structure really useful too, for example allowing us time to speak freely and to listen. There is nothing you could have done better.”

Party to TCM Mediation, large London Local Authority (2008)

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Setting up a workplace mediation scheme.

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When is mediation suitable?

• Staff grievances and complaints (particularly complex, intractable, destructive and polarised disputes).

• Bullying, Harassment and Discrimination.

• Team Conflicts and Disputes.

• Customer Complaints.

• Supply Chain Disputes.

• B2B and B2C Disputes.

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Managers.Early resolution - nipping issues in the bud.“Trained managers are the best mediators an organisation has.”

Internal Mediators.

Trained, accredited peer based mediators resolving grievances and complaints.“Internal mediators know how your business works.”

External Mediators.

Professional mediators resolve complex disputes, team disputes and statutory discrimination.“It’s the day job – quality is assured”.

Who mediates?

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Training your managers and HR to ‘Open the door to dialogue.’

1.2 days is all it takes!

2. Key skills:• Active listening• Facilitation• Negotiation• Reframing• Impartiality• Problem solving

3. Important ‘life skill’4. Practice makes

perfect5. ILM accredited

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Step Process1. Conflict MOT and impact assessment.

2. Dialogue with all stakeholders.

3. Embed mediation into your policies and procedures.

4. Use external mediators to resolve complex cases.

5. Recruit, select and train a multi-disciplinary team of in-house workplace mediators.

6. Provide mediation and dispute resolution training for key stakeholders (HR, managers, OH, Unions etc.)

7. Develop a monitoring and evaluation framework.

“Setting up an in-house mediation scheme presents new opportunities and new possibilities.

It has made a major impact within DWP”

Department for Work and Pensions

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The BT experience (how to resolve 100 disputes in 100 days)

BT Retail is the consumer customer service and sales arm of BT. In 2008 the company decided to try mediation as a means of resolving workplace issues, for a number of reasons:

1. they wanted to help and support their people2. they needed to make a significant reduction in the cost of handling

grievances3. the Gibbons report focused on early resolution and mediation as

means of resolving workplace disputes.

And at last count they had achieved a successful outcome in 100% of the cases referred for mediation!

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• Comprehensive review of existing DR procedures across the UK group.

• Focus group in December 2008 with senior managers including with GM and Head of HR

• Trained 12 mediators to OCN accredited standard in February 2009

• Mediation incorporated into AA’s systems within Heathrow and Manchester Airports

• Ongoing support and review of mediation scheme for AA

• Plan to roll out across AA (internationally?)

A one minute delay costs AA £20,000.

“I wanted to thank you for the excellent mediation training that you delivered to us the other week. 

The feedback and post training discussion have all been extremely positive, in fact, one delegate said it was the best training they had ever received.”

Liz Godden, HR ConsultantMarch 2009

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1. Mediation is the most effective form of dispute resolution available.

2. There are a range of mediation options available to your company.

3. Businesses need to adopt a holistic and strategic approach to mediation.

4. Mediation delivers human and financial returns on investment.

5. Mediation works!

In conclusion

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Thank you for listening. Do you have any questions?

Contact David Liddle

p: 020 7404 7011

e: info@tcmsolutions.co.uk

w: www.tcmsolutions.co.uk