Using Mediation within good Using Mediation within good Equality and Diversity and Equality and Diversity and

HR practiceHR practice

Paul Andrew, University of Sunderland.Paul Andrew, University of Sunderland.

The story so farThe story so far

Began with small team of Mediators and a Began with small team of Mediators and a pilot in two areas of the Universitypilot in two areas of the University

Extended team and remit to include all Extended team and remit to include all staff. Also including student areas.staff. Also including student areas.

28 cases over 4 years28 cases over 4 years Has successfully resolved many sensitive Has successfully resolved many sensitive

situations that otherwise may have situations that otherwise may have worsened or gone into other proceduresworsened or gone into other procedures

How we use MediationHow we use Mediation

As an optional route to achieve successful As an optional route to achieve successful working relationshipsworking relationships

A confidential process, separate to othersA confidential process, separate to others Part of a suite of options ranging from Grievance Part of a suite of options ranging from Grievance

to Harassmentto Harassment Less adversarial, greater emphasis on dialogue Less adversarial, greater emphasis on dialogue

and co-operationand co-operation In line with our equality and diversity principles In line with our equality and diversity principles

of encouraging mutual respect of encouraging mutual respect

What is Mediation?What is Mediation?

Mediation is a process Mediation is a process by which an impartial by which an impartial third party helps people third party helps people in a dispute work out a in a dispute work out a means of achieving a means of achieving a better working better working relationshiprelationship

Or, to put it another way….Or, to put it another way….

Mediators:Mediators:““help turn a two-way fight to the death help turn a two-way fight to the death

into a three-way search for a into a three-way search for a solution”solution”

Edward de Bono Edward de Bono

Resolving conflictResolving conflict

33ingredients ingredients

to all conflictsto all conflicts Interaction/Interaction/BehaviourBehaviourContentsContents

Beliefs and values about Beliefs and values about justice and fairnessjustice and fairness

Mediation is: Mediation is: An extremely effective problem-solving An extremely effective problem-solving tooltool

Mediation can:Mediation can:Transform the way people communicate, Transform the way people communicate, interact and manage conflictinteract and manage conflict

What Mediation can achieveWhat Mediation can achieve

Mediators help people to:Mediators help people to:

Talk to each other!Talk to each other!Express their concernsExpress their concernsIdentify the issues Identify the issues Identify their own interestsIdentify their own interestsIdentify common interestsIdentify common interestsRecognise and respect differencesRecognise and respect differencesRespond to one another’s concernsRespond to one another’s concernsWork out ways that both interests can be metWork out ways that both interests can be metFind a way practical forward that meets needsFind a way practical forward that meets needs

The Mediation StagesThe Mediation Stages

1 & 2 First Contact with the Parties separately1 & 2 First Contact with the Parties separately

3 Planning the continuing process 3 Planning the continuing process

4 The joint meeting - setting the scene, hearing 4 The joint meeting - setting the scene, hearing issuesissues

5 Exploring the issues and clarifying5 Exploring the issues and clarifying

6 Building agreement and relationships 6 Building agreement and relationships

7 Closure 7 Closure

CasesCases(anonymised)(anonymised)

The one-issue mediationThe one-issue mediation

““Close friend” Joanne had humiliated Susan Close friend” Joanne had humiliated Susan at a training sessionat a training session

Complete breakdown of trust and personal Complete breakdown of trust and personal relationshiprelationship

Tense situation affecting whole teamTense situation affecting whole team Joanne apologised in the joint meetingJoanne apologised in the joint meeting Both agreed to greater levels of respect Both agreed to greater levels of respect

with each other and in front of colleagueswith each other and in front of colleagues

20 years of hurt…..20 years of hurt…..

Bob and Carol’s working relationship could be Bob and Carol’s working relationship could be summed up as one of mutual distrust and summed up as one of mutual distrust and antipathyantipathy

Only ever communicated by email……Only ever communicated by email…… Were required to jointly deliver an academic Were required to jointly deliver an academic

projectproject Mediation outcome involved protocols around Mediation outcome involved protocols around

joint working and an agreed third party mentor joint working and an agreed third party mentor to stay on trackto stay on track

The “unsuccessful” mediationThe “unsuccessful” mediation

Philip and Wenyan had problems around Philip and Wenyan had problems around their work styles and interactiontheir work styles and interaction

Mediation attempted to set ground rules Mediation attempted to set ground rules concerning their working relationshipconcerning their working relationship

Wenyan and Philip signed up, but Philip did Wenyan and Philip signed up, but Philip did not engage in the processnot engage in the process

Agreement quickly fell apart Agreement quickly fell apart Evidence of attitudinal issues with PhilipEvidence of attitudinal issues with Philip

The group mediationThe group mediation

Two factions in one large teamTwo factions in one large team The two senior managers went through an The two senior managers went through an

initial mediation processinitial mediation process Outcomes shared with all colleagues in Outcomes shared with all colleagues in

facilitated meetingfacilitated meeting Team members built on the commitment of Team members built on the commitment of

their managers and signed up to agreed their managers and signed up to agreed protocols (work-related methods and values)protocols (work-related methods and values)

The staff / students The staff / students mediationmediation

Students smoking outside buildingStudents smoking outside building Fiery Academic “lost it” with themFiery Academic “lost it” with them All parties had been going through separate All parties had been going through separate

processesprocesses Mediation brought them together in a Mediation brought them together in a

confidential environmentconfidential environment Mutual acknowledgement, apology, Mutual acknowledgement, apology,

handshakes and withdrawal of grievanceshandshakes and withdrawal of grievances

Mediation is not….Mediation is not….

A replacement for harassment A replacement for harassment processesprocesses

Arbitration, negotiation or Arbitration, negotiation or investigationinvestigation

Recommended where there is a major Recommended where there is a major power imbalancepower imbalance

Suitable if not agreed to by Suitable if not agreed to by participantsparticipants

Mediation is….Mediation is….

Evidence that efforts have been made by Evidence that efforts have been made by individuals and the institution to resolve individuals and the institution to resolve issues, whether successful or notissues, whether successful or not

Non judgmentalNon judgmental A process that provides support and A process that provides support and

balance to participantsbalance to participants A route towards delivering successful A route towards delivering successful

working relationships.working relationships.

Any Questions?Any Questions?

paul.andrew@sunderland.ac.ukpaul.andrew@sunderland.ac.uk0191-51524360191-5152436