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Julian Evans |
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Mediation whats so special about it? In 2009, a new ACAS code was published encouraging the use of mediation for workplace conflict. On top of this, the Ministry of Justice has just published a long report by a very experienced Appeal Court Judge because of real concerns over the high cost of litigation and access to justice through the courts. The findings, amongst other things, were that: Mediation is the most important form of ADR (alternative dispute resolution) It has a vital role in reducing costs It is under-used at present Its considerable benefits are not widely known (even in the legal sector) An awareness raising campaign is needed with the public and businesses But what about the traditional methods? Litigation is, and always will be, a necessary part of the civil justice system, partly because not every single case is suitable for mediation the vast majority are though. The same is true with workplace procedures like disciplinaries and grievances. With these traditional methods, there will be just one winner, but the winner may not feel like they have won due to the long time it often takes to get a result (with the anxiety of this), the costs or management time which is expended (which can become frightening), and the business or personal relationships which are often destroyed along the way. So, why is mediation such a good way of resolving legal disputes and interpersonal conflict, notably in the business community which, on the whole, doesnt realise its benefits and wide range of applicability? It is private and confidential not in public as with the courts and tribunals It is voluntary and consensual with a win : win outcome The mediator controls the process very flexible with no prescribed rules to follow The parties determine the outcome they retain control Both legal and non-legal matters can be included it is holistic, which is powerful It focuses on interests and needs future orientated rather than playing the usual blame-game Resolution can be quick it is quick to set up and to undertake It can be stress-busting and even therapeutic partly due to quick set up and non-adversarial nature and partly due to having a real forum to have your say Modest costs in comparison Possibility of saving strained relationships, or even to restore them Good success rate 75-90% depending on the type of case Mediation is the future for resolving disputes and conflict, not just for family cases, where it is well established, but for all types of business scenarios: from the board room to the shop floor or outsourced team; from a disgruntled client claiming negligence to a large multi-team project which is becoming dysfunctional; and from shareholder or community disquiet to issues with a regulatory authority like planning. Its not just formal mediations either. The skills of a mediator can also be used for other things like assisting one party in smart negotiations to help them achieve an enhanced outcome. This approach to negotiation is especially useful where mid to long term deals are in mind or where well functioning relationships matter to the overall success of the deal. Why not give mediation or assisted negotiation a try? Julian Evans Director, Littleton Evans Mediation |
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