Mediation Eye Opener

www.thetcmgroup.com © 2015

The Mediation Eye OpenerA common sense approach to change management, conflict management and leadership development.

David Liddle, Chief Executive of The TCM Group



• Mediator, teacher and leader with over 20 years experience in the field of conflict management.

• Degree in race relations plus an MBA.

• Background in community cohesion, inclusion, Restorative Justice and non-violence.

• Regularly blogs about conflict management and leadership

• President of the Professional Mediators’ Association. The trade body for mediators in the UK.

David LiddleChief Executive of The TCM Group


We are a management consultancy with a difference. We are passionate about dialogue, about collaboration and about people. Our mission is to become the world leader in all aspects of collaborative and non-adversarial business practices.

• We have been in business for 14 years.

• Core services: Employee and Industrial Relations, Consulting and Training

• We have set up over 300 integrated resolution schemes in organisations across the UK.

• We employ a team of full time mediators and trainers supported by world leading associates.

• We are accredited by Customer First


• Fire alarm and toilets.

• Timings/breaks.

• WIFI: tcmguest. (TCM12345)

• Twitter: @david_liddle or @thetcmgroup

• Free on site consultation

following this workshop.

• Opportunity for questions and debate throughout.

• Guidelines for the workshop (ground rules): Confidentiality, Respect, Open Mind, Participate.


1. Assess the causes and the costs of workplace conflict.

2. An explanation of mediation: how it works; why it works; and when it works best.

3. Secure a commitment to mediate from your employees, unions, managers and leaders.

4. Build a business case for developing an integrated mediation scheme.

What does success look like?


1.What impact does conflict have?

2.What challenges do you face when you are working with conflict?


The spiral

of conflict


• Conflict is not a strategic priority for most companies.

• It’s impact is not measured, evaluated or assessed. Who really knows, or cares, what it costs?

• We have become reliant on policies, procedures and processes. These procedures are vital but they impede common sense.

• HR/Unions and management pulling in different directions.

• Leadership is f’ing tough: Feelings, Frustration and Fights.

• Organisations leave it too late – they throw money and time at problems that should be resolved much sooner.

• Dispute resolution does not integrate fully into employee engagement and employee wellbeing strategies.

The problems with conflict.

The bogey man is going to get you…


• Are reactive.

• Are inherently adversarial.

• They polarise the parties.

• Rarely identify root cause of conflict.

• Individual or business needs are ignored.

• They impede creativity.

• They create a ‘grievance, entitlement or litigation culture.’

The existing dispute resolution systems:


1. Workplace conflict costs UK PLC £33 billion a year according to the CBI and CEDR.

2. 370 million working days lost each year due to conflict according to joint CIPD and OPP research

3. According to recent research, over a third of managers would rather parachute jump for the first time than address a problem with their team at work.

4. 99% of SME owners agree that mediation was a good tool for resolving workplace disputes, according to Acas.

5. The average annual costs to employers of dealing with ET claims (excluding management time) is in excess of £20k according to the Department for Business (BIS).

6. PMA research suggest that current grievance procedures achieve a positive resolution in less than 25% of cases.

7. TCM mediators achieve a positive outcome in 93% of cases.

Statistics about conflict and mediation


“The most intense conflicts, if overcome, leave behind a sense of security and calm that is not easily disturbed. It is just these intense conflicts and their conflagration which are needed to produce valuable and lasting results.”

- Carl Jung (1875-1961)


Questions and discussion


Opening the door to dialogue

The role of

mediation



• Mediation is now widely recognised as management and HR best practice.

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

• Mediation underpins engagement, wellbeing, performance, customer care and various business, community and legal reforms.

• Gibbons Review (2007) and repeal of DRR. Employment Act (2008) and the Acas Guide.

• Employment law reforms are mediation friendly

• Increased emphasis on mediation by the Coalition Government.

Mediation has

entered the

mainstream

What is mediation?

“Mediation is a non-adversarial way of resolving difficult

situations. It is used as an alternative to formal or legal

processes. Mediation is a mind-set, a framework and a set of

skills.

The mediator is neutral. They help the two or more parties

have an open and honest discussion to identify a mutually

acceptable outcome. A win/win outcome. Mediation is

about collaborating rather than blaming.

Any agreement in mediation comes directly from the parties,

not from the mediator. The mediator is not there to judge, or

to tell those involved in the mediation what they should do.

Mediation is both voluntary and confidential” Liddle, David 2013



The FAIR Framework™


• What types of cases are suitable for mediation?

• When is mediation suitable?

• How can I secure a commitment to mediate?

• How much does mediation cost?

• How effective is mediation?




Integrating mediation within your organisation


TCM Integrated Resolution Scheme.The People, Performance and Engagement Model©

Management and leadership

TCM Support:• Competency

frameworks• Diploma in

People Performance and Engagement

• Better Resolutions

HR, IR and ER processes

TCM Support:• Mediation

services• Team resolution• Team building• Neutral

evaluations• Workplace

investigations.

Psychological Contract (relationships) Legal Contract

Professional Resolution of formal disputes

TCM SupportMediation services for• Supply chain disputes• Shareholder disputes• Consumer disputes• Employment disputes• Business to business disputes• Commercial disputes.

Values and governanceER, HR and IR strategy

Systems and processes (covering suppliers, consumers, employment etc)Wellbeing, engagement

CULTURE

Internal or outsourced mediation scheme

TCM Support:• Full mediation

scheme• set up• Engagement and

awareness raising

• Mediator CPD and supervision.

Embedding a resolution culture

TCM Support:• Diagnostics• MRP• Triage training• Facilitated

Conversations


The Marks and Spencer Experience

When the Acas code came into effect, we implemented a small scale internal mediation function at M&S. Nine of us qualified as mediators with Acas at first. When we wanted to enlarge the team, we felt using TCM was a lot more cost effective.

The TCM approach is very personalised, nothing is too much trouble. You are dealing with people who have a passion for mediation and experience of mediating often at international level. For me TCM have a credibility that other providers don't have. They stand out head and shoulders above the rest.”

Philip Edwards, Employee Relations ManagerMarks & Spencer Plc


TOOLKIT: The TCM Conflict Calculator™


Before we began offering mediation, one of the only choices for our employees was to go down the formal route.

Putting an end to that was the real selling point for the business. But even more importantly was being able to get in very quickly and address issues before they became entrenched. Mediation has had a significant impact within our business. Everybody wins with mediation, no-one loses.

Carole Russell, Head of ER, BT Retail

The BT Experience


Mediation Business Case – TCM Template

1. Vision and objectives.

2. Current context.

3. Evidence of the need for change.

4. Benchmark data.

5. Key stakeholders.

6. Internal factors (policies and procedures etc)

7. External factors (customers, suppliers etc)

8. Project plan and key milestones (3-5 years)

9. Resource requirements

10. Your Resolution Partner – The TCM Group

11. Anticipated return on investment (ROI)

Gathering evidence of the need for change.

1. The cost of conflict to your organisation: Human and Financial2. Time taken by your managers to resolve issues.3. HR time spent on dispute resolution.4. Attrition, recruitment and absence.5. Legal fees, settlement agreements and pay offs6. Employment Tribunal costs.7. The impact on employee engagement and satisfaction.8. Impact on wellbeing – stress and absence.9. Reputation!


1. Build the business case. Strategy and framework.

2. Stakeholder engagement

3. Create a Resolution Policy and embed mediation into other relevant policies.

4. HR, union and management training – triage, facilitated conversations and mediation skills.

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

6. Publicise and communicate your exciting new resolution scheme.

7. Measure, evaluate and report – accountability and ROI

“Rome wasn’t built in a day – but I wasn’t on that particular job!”

Brian Clough

Setting up an integrated resolution scheme


“After a thorough trawl of the market, we invited TCM to set up a pilot mediation scheme within Topshop and Topman.

This was extremely effective and we rolled mediation out across the Group a year later. David and his team were invaluable in assisting Arcadia to set up our internal mediation service and we were proud to win the 2012 PT award for innovation in Dispute Resolution”

Paul ForrestHead of Employment Relations. Arcadia Group

The Arcadia Experience





Grievance ResolutionFormal, adversarial, judgement, blame, punitive, defensive,

draconian, rights based, combative, divisive, win-lose,

sanction, argument.

Informal, safe, talk, listen, empathy,

dialogue, resolve, non adversarial,

collaborative, interests based, openness, values, consensus, mediate, win-win.


“Everyone has a right to work in an environment of mutual respect, dignity and support. The TCM Model Resolution Policy is a positive move to attaining this. This Policy will help to transform the way workplace disputes are managed and in turn will change the working lives for the staff working within Kent County Council.

As a trade union representative, and also as a staff member, I am keen on the implementation of such a positive forward managing disputes in the workplace.”

Liz SkinnerUnison Steward and Service Conditions Officer

Kent County Council


“This programme paved the way to more a strategic conversation about developing a culture of mediation. It linked to the wider context of our organisation”

Angela Bathgate,Personnel Manager

Lancaster and Morecambe College




How can TCM help?Your next steps…

1. Accredited mediator training £2,000 (£1,500 if delivered onsite)2. Organise a meeting, with me, to see how TCM can help your

organisation. FREE3. copy of the TCM Model Resolution Policy plus guidance on how to

implement it. FREE4. Mediation services ca £1,5005. Mediation, investigation and coaching training. From £3956. Management and leadership training.7. Setting up an internal mediation scheme.


Helping you to build your business case

If you would like TCM to help your to prepare your business case, I would be very happy to support you.

Typically the support I provide includes:

• An initial telephone or Skype call to identify your needs and goals etc;• Desktop analysis of your existing policies and procedures;• Analysis of relevant metrics including employee engagement data and wellbeing data etc• An online survey for a sample population of your managers and employees;• A one day onsite visit which includes:• Running TCM’s unique conflict/mediation diagnostics;• A meeting with key decision makers to discuss the potential impact of mediation;• Running a focus group with some of your key stakeholders;• Attending an onsite planning meeting and an opportunity to debrief at the end of the day.• Preparing a draft business case for you within 10 days of the onsite day.

The cost for all of the above is just £2,495 plus vat


Wrap up

1. Has today been useful?2. What will you take back to your

workplace to help develop a culture of resolution?

3. What support do you need from TCM?


Mediation is the most effective form of dispute resolution available.

Organisations benefit by adopting a holistic and strategic approach to mediation and resolution.

Now is a great time to create a resolution culture.

In conclusion...

Mediation

works!


Thank you for listening and participating

[email protected]

Recruiting & HR

Mediation Eye Opener