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)

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Acas sponsored 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

Alternative dispute resolution ( Roche and Teague, 2012)

Sectoral and thematic studies (Latreille, 2010, 2011; Latreille et al. 2012; Bennett, 2012)

Case study (Saundry et 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)

With the exception of Acas‟s own evaluation of its services, (Fox, 2005; Seargeant, 2005; Acas 2011, 2012).

The „voice‟ and experiences of disputants has not been explored.

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.

Sample ◦ Acas disputants

• 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

Gibbons (2007).

Acas Code 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

Nature of the disputants ◦ Large organisation

◦ Public sector

◦ Majority Acas mediated

◦ 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?

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?

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

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

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

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.

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, Acas Paper 06/10, (Acas Publications, London).

Latreille, P. (2011), Mediation: A Thematic Review of Acas/CIPD Evidence, Acas Paper 13/11, (Acas Publications, 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.