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1 © 2013 Innovative Workplace Conflict Management. A practitioners perspective. David Liddle Chief Executive, The TCM Group

2 © 2013


4 Community inclusion and engagement o Community engagement and race relations o Social and economic regeneration hindered by high levels of violence and low levels of inclusion. Established one of first mediation schemes in UK. o Mediation in community/neighbourhood disputes. o Peer mediation in schools – CRISP. o Restorative justice. Set up The TCM Group in 2001. o Mediating in workplace/ business disputes. o Civil, commercial and consumer mediation services. o Conflict management training and consultancy. o Establishing integrated mediation schemes for organisations. o Engage for Success and PMA My journey

5 © 2013 I win - you lose I'm right - you’re wrong Don’t blame me It’s all your fault I can’t be bothered with this I don’t trust you Who do you think you are? I’ll see you in court I’m going to take a grievance You bully

6 © 2013 The spiral of conflict

7  They are reactive.  Inherently adversarial = polarising.  Ignore the ‘psychological contract’.  Rarely identify root cause of conflict.  Individual or business needs ignored.  They impede creativity.  They create a ‘grievance, entitlement or litigation culture’. The existing dispute resolution systems are failing: © 2013

8 “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)

9 What is mediation? “Mediation is a non-adversarial way of resolving difficult situations. It is used as an alternative, or an adjunct, to formal or legal processes. The mediator is impartial. They facilitate an open and honest dialogue with the aim of identifying a mutually acceptable outcome. A win/win outcome. Mediation is different because it is about collaborating rather than blaming. Any agreement in mediation comes from those effected by the situation, not from the mediator. The mediator is not there to judge, to say one person is right and the other wrong, or to tell those involved what they should do. Mediation is both voluntary and confidential” Liddle, David 2013 © 2013

10 The tripartite definition of mediation. Liddle, David 2013 © 2013

11 The FAIR Framework™ © 2013

12 XYZ Foundation NHS trust manages hospital, community health and adult social care services. With an annual budget of around £420 million, it provides care to over half a million people and employs nearly 9,000 staff. The situation XYZ Approached TCM in 2006 to set up an integrated mediation scheme High levels of stress, formal grievance and time 24 mediators trained Cost of conflict at that time was £1800 (underestimate) Cost of mediation was £520 The XYZ Experience

13 © 2013 1. Undertook extensive stakeholder engagement. 2. Designed a dispute resolution strategy with 3 year plan and KPIs. 3. Set up integrate governance structure (scheme ownership and scheme co-ordination). 4. Embedded an online dispute resolution system using 5. Embedded mediation into relevant policies and designed mediation handbooks. 6. Recruited and trained a multi-disciplinary team of 12 in-house mediators using the FAIR Framework. 7. Extended use of mediation into patient complaints (2013). “Rome wasn’t built in a day – but I wasn’t on that particular job!” Brian Clough Setting up an integrated mediation scheme within XYZ

14 © 2013 The TCM Integrated Mediation Scheme ™

15 © 2013 The XYZ Experience: Outcomes “Mediation offers many benefits: it offers a viable alternative to costly dispute resolution procedures which are costly, time consuming and stressful” Senior manager within the trust Ca15 mediations per annum. Over 90% success rate Low mediator attrition. Mediation competencies underpin compassionate management and leadership practices Mediation being used to resolve patient complaints. Mediation being used to support management of change and performance management.

16 © 2013 The ABC Experience ABC are a major global retailer employing 75,000 employees. The situation Initially, ABC implemented a small scale mediation function. Concerns were raised about lack of systemised approach to CM Nine of the ER team qualified as mediators Subsequently ABC commissioned TCM to train a further 12 mediators Requested support with integration of mediation and embedding a more progressive CM system into their HR and ER systems and procedures. Wanted to make mediation more widely available to all employees.

17 © 2013 The ABC Experience The outcomes Mediation written into internal grievance procedure Mix of internal and external mediation Mediation embedded into management development programme Adopted PMA code of conduct and practice standards Mediation used in 25% of all grievances Over 90% of cases mediated reach a successful conclusion Reduction from six months to less than one month for resolution.

18 © 2013 Formal, adversarial, judgement, blame, punitive, defensive, draconian, combative, divisive, win-lose, sanction, argument, win-lose. Informal, safe, talk, listen, empathy, dialogue, resolve, non adversarial, collaborative, openness, values, consensus, mediate, win-win. Developing a ‘resolution culture’ in ABC organisation.

19 © 2013 The return on investment for ABC and XYZ

20 © 2013 The TCM Model Resolution Policy and toolkit. Resolution First™ Resolution policy: Combines grievance, bullying and harassment Link to values and vision New name – new focus Better triage of cases – (Early Evaluation) Emphasis on mediation and early resolution Mediation Information Awareness Sessions (MIAMs) Mediation remains voluntary Compliant with the Acas code Does offer opportunities to escalate to investigation in rights based cases. Toolkit: Resolution support for HR Resolution support for managers Resolution support for employees

21 © 2013 Our current systems for resolving disputes are not working Mediation is the most effective form of dispute resolution available. Businesses need to adopt a holistic and strategic approach to conflict management. Mediation delivers human and financial returns on investment. In conclusion... Mediation works !

22 © 2013 Thank you for listening and participating

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