Mediation: Shaping the AgendaResearch Day April 2017

Deirdre Curran (Work, society & Governance)

Presentation Overview The context of workplace conflict Mediation as a conflict resolution option The KIWMRG The MII funded project Key themes emerging & implications for

research & practice Reactions to the reports from key

stakeholders Current & future projects

The Cost of Workplace Conflict Employee absence Turnover Management time Low morale Reduced performance Damaged reputation Cost of legal proceedings

Psychological damage caused to individuals, leaving them incapable of achieving their full potential either at work or in their personal lives

Conflict Resolution Processes

Conflict Management Practices & Innovations in Organizations in Ireland

Conventional Practices ADR Practices

Individual Grievances

CollectiveDisputes

• Multi-step grievance & disciplinary procedures

• Resort to employment tribunals & litigation in courts

• Multi-step disputes procedures, usually with provision for external conciliation or adjudication following an impasse

• Open-door policies• ‘Speak-up’ & related systems• Organizational ombudsman• External and internal mediators• Review panels of managers or peers• Union/non-union employment arbitration• ADR-led conflict management systems • Proactive conflict prevention• Intensive communications surrounding

change management• Proactive line and supervisory

engagement in conflict handling• Conflict management systems• Socializing conflict out of the organization • ‘Assisted bargaining/mediation within procedure to avoid impasse• ‘Brainstorming’ & related techniques• ‘Interest-based bargaining’ with facilitation• Fact-finding• Arbitration, ‘mini-trials’ & ‘med-arb’• Intensive communications surrounding

change management• ADR-led conflict management systems• Proactive conflict prevention• Proactive line and supervisory engagement in

conflict handling• Conflict management systems• Socializing conflict out of the organization

Workplace Conflict in Ireland Evidence of an incremental approach to ADR

adoption in workplaces (‘creeping innovation strategy’)

Dramatic decline in collective conflict and a parallel rise of individual conflict

The use of mediators is one of the most important innovations in the management of individual conflict

An increased supply of trained and experienced mediators available to fill conflict management roles (MII)

Mediation was seen to bring positive results for employers and for employees Teague et al. study 2015

Mediation DefinedMediation is a confidential and voluntaryprocess whereby an independent mediatorassists two or more individuals, or groups,experiencing conflict to identify their issues andexplore how those issues can be addressedwith a view to reaching agreement.

(adapted from Curran et al. 2016)

The Use of Mediation in Ireland

The Mediators Institute The Professional Association for Mediators 700+ members, multi-disciplinary Code of Ethics and Practice Accredited Training Continuing Professional Development Promoting professional standards Information and awareness raising Research

The Research Group Evolution and membership Solid, empirical, issue-driven research Critically informing practice through cooperative

research Research Hub and Centre of Excellence Our values

Inclusive Egalitarian Collaboration Support & CPD

Framing our Approach

Establishing a workplace mediation

‘Community of Practice’

Using ‘Co-operative

Enquiry’ as our research method

The MII project as a case in point

How we Work Community of Practice

Dynamic social structure Common interest Spirit of learning & collaboration Create, capture & diffuse knowledge Tangible results applicable to practice Trust, mutual respect, reciprocity &

commitment Cooperative Enquiry Method (see next slide)

Co-operative Enquiry

The MII Project The Brief

... what the literature tells us about the competencies/skills/behaviours of effective mediators

... inform practice, standards and mediator training Shaping the Agenda 1: Exploring the Competencies,

Skills and Behaviours of Workplace Mediators Shaping the Agenda 2: Implications for Workplace

Mediation Training, Standards and Practice in Ireland

Projects Outputs

Thematic Focus Mediator Competencies, Skills, Knowledge

and Behaviours Importance of Context Mediator Style Personal Qualities of Mediators Mediator Behaviours Significance of Outcomes Range of Possible Outcomes Qualification Requirements of Mediators Mediator Training and Accreditation

Key Themes Emerging – Shaping the Agenda 1 Large body of international literature

limited in Irish context

Benefits of Mediation are many and varied (p9x20) high settlement rates high participant satisfaction Improved/repaired relationships Improved conflict management capacity

(individual/organisational) Fewer cases progressing to adjudication/litigation

Key Themes Emerging – Shaping the Agenda 1 Mediator style, quality, competencies and

skills no clear delineation, context dependent

Accreditation, standards and training debate between regulation (standards and

consistency) and innovation (creativity and flexibility)

arbitrary selection requirements (e.g. third-level degree) not effective in identifying competent mediators

learn from international best practice

Implications 36 Implications for:

The MII Practicing mediators Researchers

Training Consistency in training standards On-going reflective practice Ethical Issues Emotional Intelligence

Implications Standards

Definitions – mediation, competencies, skills, behaviours

Descriptions of the mediation process Revisit accreditation standards – criteria Tracking outcomes of mediation – database of

empirical evidence

Implications Practice

Benefits of mediation – promotion

Best practice guidelines

Awareness of different mediation styles

One-size-fits-all approach – limited success

Impact of context

Research Gaps Lack of empirical

research into Workplace mediation Mediation outcomes Mediator behaviours

– help/hinder process

Stakeholder Reactions Mary Connaughton, Director CIPD Ireland Prof Bill Roche (UCD) Peter Cassells, Executive director of the

Kennedy Institute at Maynooth University Loughlin Quinn, Director of Civil and Public

Service Mediation Service Larry Broderick, General Secretary of

Financial Services Union Anna Perry, WRC Head of Mediation &

Conciliation

Current and Future Projects National state funded ombudsman

service NZ/Irl Comparative study FSU/BOI Project Peer Mediation Project

For queries and/or further information please contact:

Dr Deirdre Curran, NUI Galwaydeirdre.curran@nuigalway.ie

Or visit the Research Group at: www.kiwmrg.ie