Introduction

1. REFRAMING RESOLUTION– MANAGING INDIVIDUAL WORKPLACE CONFLICT ESRC Seminar Series 2012-2013 Swansea University 14th February 2013 Experiencing the mediation process from the disputant’s perspective Tony Bennett(IROWE, Lancashire Business School) N)

2. Introduction • Acassponsored research • Investigate a little researched element of workplace mediation in the UK: ‘How is mediation experienced by the disputant?’ • Methodology adopted • The key findings • Summary and next steps

3. The focus of mediation research in the UK • Alternative dispute resolution ( Roche and Teague, 2012) • Sectoral and thematic studies (Latreille, 2010, 2011; Latreilleet al. 2012; Bennett, 2012) • Case study (Saundryet al, 2011; Saundry and Wibberley, 2012). • Conceptual model (Ridley-Duff and Bennett, 2011) • Draw on the long-standing work in the US (Shapiro and Brett, 1993; Bingham and Pitts, 2002; Bingham, 2004; Lipksy and Seeber, 2001; Lipksy, 2007)

4. Little on disputants’ perspective • With the exception of Acas’sown evaluation of its services, (Fox, 2005; Seargeant, 2005; Acas2011, 2012). • The ‘voice’ and experiences of disputants has not been explored.

5. Aims and objectives • The research aimed to extend our understanding of mediation in four key respects: • Build on our knowledge of the mediation process by capturing the views and experiences of disputants. • Explore the trajectory of individual disputes and the rationale underpinning individuals’ participation in mediation. • Critically assess participants’ views as to their expectations of mediation, the effectiveness of mediation provision and sustainability of outcomes. • Assess the impact of mediation in enhancing the overall efficacy of conflict management, and the employer/employee relationship.

6. Methodology • Sample • Acasdisputants • Private providers • In-house services • 21 in total • Participants were self-selecting • Semi-structured face to face and telephone interviews, 30-90 minutes, 18 hours of data • Sensitivity in the process

7. Background and benefits of workplace mediation • Gibbons (2007). • AcasCode of Practice on Disciplinary and Grievance Procedures (2009). • Business Innovation and Skills initiatives (2011). • Costs saving • Repair and maintain relationships • Greater sense of ownership for the disputants • Non blame = ‘win-win’ • Alternative to potentially more damaging ‘traditional’ dispute resolution routes • We use the facilitative model in the UK

8. The findings • Nature of the disputants • Large organisation • Public sector • Majority Acasmediated • 40% male, 66% complainants, 50% bullying cases • Majority one disputant of the case interviewed • Nature of the disputes • Professional disagreements and personality clashes • Performance management, bullying and harassment • Discrimination and bullying – suitable for mediation?

9. Referral, advice and support • Initiating mediation – the key role of HR • Mediation – a last resort? • Advice and support – the problem of isolation Attitudes to mediation • Prior knowledge of mediation • Positive views – resolution, safety and justice • Scepticism and resistance • A voluntary process?

10. Conduct of mediation • The structure of mediation • The role of the mediator – the importance of trust and rapport • Facilitating settlement or transforming relationships? • The impact on participants – power and perspective • The importance of ‘administration’ • Following up mediation - unresolved issues

11. Mediation outcomes – a complex picture • Success and failure • Success and sustainability • A source of voice and empowerment • Confidentiality and sustainability • Mediation – transforming attitudes and conflict management? • Changing attitudes to conflict – pragmatism and development. • Impact on organisational approaches to conflict

12. Summary • Growing interest by government, practitioners and academics • However, better understanding the experiences of the disputants is critical • Findings suggests that mediation may have a wider application than previously thought • Research revealed that managers often felt under pressure to agree to mediation. • In some cases, a lack of enthusiasm for the process did not prevent a positive outcome

13. Summary contd. • Advice and support would appear to be particularly important. • The findings also question whether mediation is used as a means of early dispute resolution. • Most interviewees felt that mediation would be more effective if used at an earlier point in the dispute but found going through mediation stressful • The data provides key insights into the outcomes of mediation– i.e. degree of sustainability • The benefits of mediation can extend beyond an agreement or settlement – even where there is little chance of a sustained resolution, the simple fact that individuals have an opportunity to voice their concerns and exert some control over their situation can help to maintain the employment relationship.

14. References • Acas (2011b) ‘Acas Mediations 2010/11: Responses from participants and commissioners’, Acas Research Paper, 12/11. • Acas (2012) ‘Acas Mediations 2011/12: Responses from participants and commissioners’, Acas Research Paper, 16/12. • Bennett, T (2012) The Role of Mediation: A Critical Analysis of the Changing Nature of Dispute Resolution in the Workplace Industrial Law Journal, Vol. 41 Iss. 4 • Bingham, L. and Pitts, D. (2002), "Highlight of Mediation at Work: Studies of the National REDRESS Evaluation Project", Negotiation Journal, April 2002, pp. 135-146. • Bingham L. (2004) ‘Employment Dispute Resolution: The case for mediation’, Conflict Resolution Quarterly, 22:1-2, 145-174 • Fox, M. (2005) Evaluation of the Acas pilot of mediation and employment law visits to small companies, Acas Research and Evaluation. • Gibbons, M. (2007) A review of employment dispute resolution in Great Britain, London: DTI. • Latreille, P. (2010), Mediation at Work: Of Success, Failure and Fragility, AcasPaper 06/10, (AcasPublications, London).

15. References contd. • Latreille, P. (2011), Mediation: A Thematic Review of Acas/CIPD Evidence, AcasPaper 13/11, (AcasPublications, London). • Latreille, P., Buscha, F. and Conte, A. (2012), ‘Are you experienced? SME use of and attitude towards workplace mediation’, The International Journal of Human Resource Management, 23, 3, 590-606. • Lipsky, D. (2007), “Conflict resolution and the transformation of the social contract”, Labor and Employment Relations Association Series Proceedings of the 59th Annual Meeting January 5–7, 2007, Chicago, Illinois. • Lipsky, D. and Seeber, R. (2001), “Resolving workplace disputes in the United States: The growth of alternative dispute resolution in employment relations”, Journal of Alternative Dispute Resolution, 2:3, Fall, 2000, pp. 37-49. • Ridley-Duff, R. and Bennett, A. (2011) ‘Mediation: Developing a theoretical framework for understanding alternative dispute resolution’, Industrial Relations Journal , 42:2, 106-123. • Saundry, R., McArdle, L. and Thomas, P. (2011) ‘Transforming Conflict Management in the Public Sector? Mediation, Trade Unions and Partnerships in a Primary Care Trust, Acas Research Paper, 01/11. • Saundry, R. and Wibberley, G. (2012) ‘Managing Individual Conflict in the Private Sector - A Case Study’, Acas Research Papers, 05/12. • Sergeant, J. (2005) The Acas small firms mediation pilot: research to explore parties' experiences and views on the value of mediation, Acas research and evaluation. • Shapiro, D. and Brett, J. (1993), “Comparing three processes underlying judgments of procedural justice: A field study of mediation and arbitration”, Journal of Personality and Social Psychology, Vol. 65 No. 6, pp. 1167-1177.