It is quite clear that the government would desperately like to cut the court costs with talk of increasing the length of service for employees being entitled to make an unfair dismissal claim, cutting the legal aid costs and increasing use of mediation in civil disputes.
This may help employers but we have been here before with the Gibbons Review which called for greater use of mediation in employment disputes largely being ignored.
An even more effective way for large organisations to save their costs is to implement an effective mediation scheme which neatly fits into the organisational culture.
There is much evidence that this is the best way to cut down on Tribunal costs.
The question is how do you implement a successful mediation scheme.
Some of the the variables to think about include:
• Identification of the type of disputes which the organisation deals with. The goal of the scheme is not to please some member of staff who thinks mediation is a good thing, but ultimately to make the organisation a better place to be. What type of disputes does the organisation have?
• Training all managers in effective mediation and conflict resolution skills. This can complement other skills for management such as sickness management absence. Will the training be effective?
• Ensuring buy in by all the stakeholders e.g trade union reps, managers etc. If we implement a mediation scheme, will it be backed by all of the organisation?
• Develop a mediation policy. A mediation policy is devised with the support and input of the
trained mediators. The policy provides the terms of reference for the in-house mediation scheme. This clearly shows what types of matters are referred to mediation and what are not. Will the policy be clear and legally compliant?
• Ensure that senior staff and mediators are trained to identify disputes early. This will give more opportunity for disputes to be nipped in the bud. Can the managers and mediators become effective and empathic negotiators?
• Embed the mediation scheme in the organisation. Write in clauses within disciplinary and grievance procedures which enable parties to refer matters to mediation in the event of formal disputes. Will the policy work well within the disputes framework?
• Integrate the scheme within the organisation effectively. Ensure that the human resources department does not get overloaded with dealing with mediations. Will the scheme make the organisation more effective?
Justin Patten
Mediator