EVH Mediation Presentation - June 2010

8/6/2019 EVH Mediation Presentation - June 2010

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Carol Paton www.patonindependent.co.ukEmployers in Voluntary Housing

Management Committee Monday 7 June 2010



The Conflict Response

Conflict Threat Fight / flight



w hich broadly meansy Feelings can range from anger to being scared and

stressedy

We tackle or tolerate the conflicty Tackling can involve a third party (manager,Ombudsman, solicitor, judge)

y And then we re in the realm of y They re word against miney Facts not feelingsy Others decide the outcomey Win / lose



The costs of conflicty Wasted time, staff turnover, staff absence, poor health,

reduced decision-making, under-performance,

sabotage, reduced motivation, direct costs e.g. legalfees And in terms of future success:

y Loss of reputation, stakeholder dissatisfaction,

reduced funding, strategy undermined.



S ome questions ans w eredy What is mediation?y Where does it fit with other dispute resolution

methods?y When can it be used?y What types of mediation are there?y What are the benefits?y How might housing associations use it?y How to select a mediator?



W hat is mediation? A process in which disputing parties seek to resolve

their differences with the assistance of a trained

mediator acting as an impartial third party. Mediation is voluntary and aims to offer thedisputing parties the opportunity to be fully

heard, to hear each other s perspectives and todecide how to resolve their dispute themselves.

[Source: Scottish Mediation Register]



Key characteristicsy Voluntary y Private and confidentialy Impartial mediatory Structured but informaly Solution / agreement focusedy Parties offer the solution themselvesy Without prejudice



D ispute Resolution Methods

Level of Participant Control

Litigation

Arbitration

Conciliation

MediationNegotiation



W hen can it be used?y As early as possibley When formal processes don t resolve mattersy When there is an on-going relationshipy Parties need to let off steamy There are issues on both sides and people want a

solutiony The issues are specific to the parties and can be

resolved by themy Speed is important



W hen Mediation is not appropriatey Legal principle requiredy Matters of public interest need a formal responsey Those who might take part don t want toy Formal or legal action is still happeningy When gross misconduct or criminal action



Types of mediation

y Additional Support eedsy Business & commercialy Community & neighboury Discriminationy Environment & planningy Family y Health/ H Sy

In-courty Religious & Churchy Schoolsy Workplace



B enefitsy Win - Winy Parties engage with the process and own the outcomey

Better identification of the real issues and a narrowing of differencesy More constructive and creative outcomesy Breaks deadlocky

Greater mutual understandingy Preserves or rebuilds personal & professional relationshipsy Supports co-operation not confrontationy Avoids the high direct and indirect cost of conflict



H ousing associations and

mediationy Construction and regeneration

y Unforeseen costs responsibility uncleary Latent defects

y

Human resourcesy Dignity at worky Disciplinary & grievancey Poor working relationships

y Governance & leadershipy Conflict at Board levely Conflict with senior staff

y Stakeholder issuesy Customer complaints (tenants, factored owners, persistent)y Partnerships



Case study ATwo managers have a clash of personalities which leads

to serious conflict. This poor relationship is

undermining performance and the effectiveness of thesenior management team. There is no one individualto blame for this. There is some reason on each sidebut the Director is at a loss about how to resolve and

doesn t want to lose either individual. Recently one of the managers has been signed off sick with stress.



Case study BThere are clashes between some Board Members and the

Chief Executive. The Chair is unhappy with the

suggestion the CEO should go but sees that people aregetting entrenched. People are taking sides and thedispute has a life of its own. Strategic issues seem to

be getting ignored with all this going on.



Case study C Jo has worked for the organisation for 12 years. Over a

number of years she feels there have been difficulties

with the organisation. This has included an elementof whistle blowing to SHR. She has recently beenmade redundant. She has made an application to the

Employment Tribunal on the grounds of unfairdismissal and is also threatening an action for damagesfor breach of contract. The organisation has made an

offer of a lump sum but that hasn t been accepted.



Case study D Anne has raised a grievance on grounds of harassment

against one of the Directors she supports which has

not been upheld at appeal. The Appeal Panel isconcerned that the grievance process has not resolvedthe underlying problems in their relationship.



S electing a mediatory Scottish Mediation Register is an independent register

of mediatorsy

Mediation is a non-regulated profession but SMR mediators meet benchmark standards of quality y Training, assessment, CPD, Code of Conduct, complaint

policy, indemnity insurancey

Select by region and/or type of mediation www.scottishmediation.org.uk

Documents

EVH Mediation Presentation - June 2010