Workplace mediation How employers do it - CIPD

Survey reportWorkplace mediationHow employers do it

ContentsSummary of key findings2Employers’ use of mediation4Business case for mediation6What inhibits the wider use of mediation?8Managing mediation9Promoting mediation13Conclusions14Background16Reference17Workplace mediation 1

Summary of key findingsThis report is based on a survey exploring how organisations use mediation. There were atotal of 766 responses, including 327 by people whose organisations had used mediation.It is the responses of these 327 people that are mainly reflected in this report. However,those people whose organisations have no experience of mediation were asked why theythought this was, and their responses on this issue are also included in the report.Handling conflict• The most widely adopted practice for handlingconflict is training of HR managers (80%).• About half of respondents say that an externalmediator is used when needed.• Two in five say that line managers are trained todeal with conflict.• Thirty-five per cent of organisations train eithermanagers, employees, or employee representativesto act as mediators.• Fifty-one per cent use external mediation.Effectiveness of different methods of resolvingconflict• Asked to identify up to three methods most likelyto be effective in resolving disputes, more than nineout of ten organisations see informal discussionbetween those affected as one of the mosteffective methods.• Mediation is seen as the next most effectivemethod (76%), while almost two out of three seegrievance procedures as among the most effective.• Compromise agreements are regarded as one of themost effective methods by 23% of respondents.Employers’ use of mediation• Two out of three respondents report that mediationhas been used between one and five times in thelast 12 months.• Sixteen per cent have not used it in the last threeyears and 17% have used it more than five times.• Nearly half of respondents say their organisationis now making more use of mediation than it didthree years ago, and a further 20% did not makeuse of mediation at all three years ago.Business benefits• The benefit most frequently mentioned is that ofimproving relationships between employees (83%),followed by reducing or eliminating the stressinvolved in using more formal processes (71%).• A majority of organisations that currently make useof mediation do so primarily for what might becalled ‘soft’ or cultural reasons.• Almost half of respondents (49%) see mediationas giving benefit in avoiding the costs of defendingemployment tribunal claims.Which issues are the most suitable for mediation?• The most suitable issue for mediation is judged tobe relationship breakdown.• Bullying and harassment come second, with threein four respondents seeing them as either verysuitable or suitable to be dealt with by mediation.• Discrimination issues are also judged suitableor very suitable for mediation by a majority ofrespondents.What are the outcomes of mediation?• Mediation is said to follow an actual or threatenedemployment tribunal (ET) claim in 16% of instances,but was not related to a claim in 83% of cases.2Workplace mediation

• In 9% of instances where mediation was used, ETclaims were withdrawn.• In more than half of cases, both parties stayed inthe same job following mediation.• In almost nine out of ten cases, respondentsfeel that the issues the mediation was designedto address were resolved either partly (58%) orcompletely (30%).Why don’t more organisations make use ofmediation?• Of the 766 respondents who accessed the survey,more than half (57%) say their organisation had noexperience of using mediation to deal with issuesaffecting individual employees.• Nearly two out of three of these respondents saythey have no problems, or none that would suitmediation.• One in ten respondents don’t believe it’s appropriateto involve third parties in disputes at work.• Significant minorities either feel mediation is tooexpensive or don’t know any mediators, or anorganisation that helps with mediation.What inhibits organisations that do usemediation from making more use of it?• Cost is seen as the biggest single issue inhibitingthe greater use of mediation.• Lack of trust by employees is also an importantfactor referred to by 16% of respondents.• Lack of understanding about the process (21%),lack of interest by senior management (13%) anddifficulties in finding a mediator (12%) are alsosignificant factors.• Resistance by line managers is seen as inhibiting theuse of mediation by 12% of respondents.Building mediation into workplace procedures• Fewer than one in ten organisations currentlyincorporates mediation in the employment contract.• Grievance and disciplinary procedures are the maininstruments by which organisations communicatetheir policy towards mediation.• Stand-alone mediation policies are relativelyunusual (13%).• Mediation is written into policies on diversity,harassment or bullying in nearly half (46%) oforganisations.• Two in five respondents see it as undesirable for anemployee to be accompanied during mediation.Costs of using mediation• Two in five organisations have incurred costs inusing mediation, in addition to management time;more than half have not.• Of those organisations that have incurred costs inusing mediation, 75% say they have been incurredmainly in using a mediation service, while themajority of the rest (13%) say they were incurredmainly in taking legal advice.• Others say costs were incurred mainly in trainingmediators (5%), use of accommodation at a neutralvenue (5%) and travel expenses (2%).Use of external mediation• More than half of organisations (56%) have usedan external mediator; 36% have not.• Almost nine out of ten respondents that have usedan external mediator are either very (47%) or fairly(41%) satisfied with the service provided.• Three-quarters obtained their services throughadvice from or contact with either Acas (27%), acommercial organisation specialising in mediation(25%) or a business contact or colleague (25%).• One in four respondents used a professionalmediator from Acas, one in two used anorganisation other than Acas, while 10% used anHR consultant.Promoting mediation• Twenty-five per cent of respondents say thatcommunicating the aims and benefits of mediationto all staff is the single most important thingthat could be done to promote the wider use ofworkplace mediation.• Other factors identified by respondents are trainingmanagers in the use of mediation (15%), with afurther 7% opting for (unspecified) training.• Eleven per cent of respondents focus on the needto raise awareness of how to access mediation,with a further 6% emphasising the importance ofeasy access to mediation.Workplace mediation 3

Employers’ use of mediationManaging conflictRespondents were asked which practices are adoptedin their organisation for handling people problemsand conflict.Table 1: Which practices are adopted in yourorganisation for handling people problems andconflict?HR managers are trained to deal withconflictAn external mediator is used whenrequiredLine managers are trained to dealwith conflictAn investigator is appointed toreport on an employment conflictEmployees are trained to act asmediatorsManagers are trained to act asmediatorsEmployee representatives are trainedto act as mediatorsAn independent third party considersclaims… (arbitration)By far the most widely adopted practice for handlingconflict is training of HR managers (80%). About halfof respondents say that an external mediator is usedwhen required, and two in five say that line managersare trained to deal with conflict. Investigations toestablish the facts are used by more than one in fourorganisations, and arbitration by one in ten.Significant minorities of respondents reported thatmanagers (17%), employees (17%) and employeerepresentatives (12%) are trained to act as mediators.These are each methods of which the public sectorappears to make significantly more use than theprivate or voluntary sectors.%8051432717171210Further analysis of the responses shows that 35% oforganisations train either managers, employees oremployee representatives to act as mediators, while15% undertake such training and also use an externalmediator when required.As a result of their experience of mediation, 59% oforganisations have provided additional training formanagers and 16% for employee representatives.Sixty-three per cent have revised disciplinary orgrievance procedures, or both.Frequency with which mediation is usedTable 2: On how many occasions in the last 12months have individual issues been referred tomediation?%None 161–5 666–10 1211–15 216–25 226–50 150+ –Asked on how many occasions individual issues havebeen referred to mediation in the last 12 months, twoout of three respondents report that mediation hasbeen used between one and five times. Otherresponses are almost evenly split between those whoreport that no issues have been referred to mediation,and those reporting issues have been referred on morethan five occasions. Unsurprisingly, larger organisationsare more likely to report more frequent references.4Workplace mediation

Changes in use of mediationHow often is mediation likely to be suitable?Table 3: Looking back over the last three years,how much use would you say your organisationnow makes of mediation?%A lot more use 15Slightly more use 32About the same use 21Slightly less use 2A lot less use 2Organisation did not use threeyears ago20Organisation has abandoned theuse of mediation1Nearly half of respondents say their organisation is nowmaking more use of mediation than it did three yearsago; a further 20% did not use mediation three yearsago; while only 4% say they are now making less use ofit. Two in five respondents in the public sector reportmaking slightly more use of mediation, while one in sixreport making a lot more use of it.Table 4: When workplace problems arise, howoften do you believe mediation is likely to besuitable?%In most cases 21In some cases 61In only a minority of cases 18Three in five respondents see mediation as suitable forresolving workplace problems in some cases, with therest fairly evenly divided between those who see it assuitable in most cases and those who see it as suitablein only a minority of cases. Those where the most recentmediation had resolved the issue either completely or inpart were more likely to say that mediation was suitablein most cases.Workplace mediation 5

Business case for mediationWhat are the benefits of using mediation?Table 5: What are the benefits of using mediation?%To improve relationships betweenemployees83To reduce or eliminate the stressinvolved in using more formal 71processesTo retain valuable employees 63To reduce the number of formalgrievances raised57To develop an organisational culturethat focuses on managing and 55developing peopleTo avoid costs in defendingemployment tribunal claims49To reduce sickness absence 33To maintain confidentiality 18The benefit most frequently mentioned is that ofimproving relationships between employees (83%),followed by reducing or eliminating the stress involvedin using more formal processes (71%). Together withdeveloping an organisational culture that focuses onmanaging and developing people (55%), this isevidence that a majority of organisations that currentlymake use of mediation do so primarily for what mightbe called ‘soft’ or cultural reasons. However, almost halfof respondents (49%) see benefit in avoiding the costsof defending employment tribunal claims, while 57%say that mediation reduces the number of formalgrievances raised.One in three of all respondents say that a benefit ofmediation is to reduce sickness absence, while theproportion in the public sector who say this is almosttwice that in other sectors. Maintaining confidentiality isseen as a benefit by 37% of respondents inorganisations employing 50 or fewer employees, but byonly 18% in organisations employing between 5,000and 25,000 and as few as 4% in organisationsemploying more than 25,000.Organisations that use mediation to develop culture orrelationships are more likely to report that their mostrecent experience of mediation has led to the issuebeing resolved, either completely or in part.Effectiveness of mediationTable 6: Which of the following methods aremost likely to be effective in resolving workplaceconflict?%Informal discussion between thoseaffected94Mediation 76Grievance procedures 64Compromise agreement 23Acas conciliation/COT3 6Employment tribunal hearing 2In terms of their effectiveness in resolving conflict,more than nine out of ten organisations see informaldiscussion between those affected as one of themethods most likely to be effective. Mediation is thenext most effective method (76%), while almost twoout of three see grievance procedures as among themost likely to be effective. Compromise agreementsare regarded as effective by 23% of respondents,6% identified Acas conciliation and 2% tribunalhearings as effective.6Workplace mediation

Issues most suitable for mediationWhat are the outcomes of mediation?Table 7: What issues is mediation most suitable fordealing with?% sayingsuitableor verysuitableRelationship breakdown 86Bullying or harassment 74Discrimination on grounds of race 55Discrimination on grounds of sex 54Other forms of discrimination 48Conditions of employment 36Discipline 31Pay 28Dismissal 26There is a clear hierarchy of issues in terms of theirperceived suitability to be dealt with by a process ofmediation. Outstandingly the most suitable formediation is judged to be relationship breakdown.This underlines the value of mediation as a method ofleading parties to re-evaluate their feelings towardsone another, where financial compensation is lesslikely to be appropriate. Bullying and harassment comesecond, with three in four respondents seeing them aseither very suitable or suitable to be dealt with bymediation. Discrimination issues are also judgedsuitable or very suitable for mediation by a majority ofrespondents. Issues about pay and conditions are ingeneral less likely to be seen as suitable for mediation.The scores for discipline and dismissal are particularlyinteresting. Managers are unlikely to want to surrendertheir discretion in relation to disciplinary issues wherethey believe that a point of principle is at stake.However, the line between disciplinary and grievanceissues may in specific instances become blurred, in whichcase the employer may prefer to tackle underlyingrelationship issues by means of mediation rather thanimpose a disciplinary solution. Where an employee hasbeen dismissed, or is threatened with dismissal, therelationship will often either be at an end, or levels ofmutual trust will be very low, so that mediation may beconsiderably less likely to have a positive outcome.Table 8: What actions were taken followingmediation?%Both parties stayed in the samejob with partial resolution of the 37issueBoth parties stayed in the samejob with full resolution of the 27issueOne or both parties left theorganisation18One or both parties withdrew aclaim to an employment tribunal9One or both parties movedto another job within the7organisationOne or both parties made a claimto an employment tribunal3One or both parties signed acompromise agreement and3remained in the organisationOther 8In almost nine out of ten cases, respondents feel thatthe issues the mediation was designed to address wereresolved either partly (58%) or completely (30%).Complete resolution of issues is reported in a higherproportion of cases where internal mediation is used.Although mediation was said to follow an actual orthreatened employment tribunal (ET) claim in only16% of instances, in 9% of instances ET claims werewithdrawn, suggesting that, in the majority of thosecases where mediation is used, it is effective inresolving issues that would otherwise have had to beresolved at a tribunal.It is notable that, in more than half of cases, bothparties stayed in the same job following mediation,with either full or partial resolution of the issue.Workplace mediation 7

What inhibits the wider use of mediation?Why don’t more organisations make use ofmediation?Of those respondents who accessed the survey, morethan half (57%) say their organisation has no experienceof using mediation to deal with issues affectingindividual employees (excluding statutory conciliation byAcas). These respondents were asked why they thoughttheir organisation had not used mediation.Table 9: Why don’t some organisations use mediation?%Haven’t had any problems thatwould suit mediation49Considering using mediation 23Too expensive 15Haven’t had any problems 15Don’t know any mediators 15Don’t believe it’s appropriate toinvolve third parties11Don’t believe it would work 4Not interested in mediation 3What inhibits organisations from making moreuse of mediation?Table 10: What inhibits organisations from making more use of mediation?%Cost of using mediation 22Lack of understanding about theprocess21Lack of trust in mediation process by employees16Lack of interest by seniormanagement13Difficulties in finding a mediator 12Resistance from line managers 12Risk of undermining management’sability to use disciplinary sanctions9Lack of support from workforce/trade union5Respondents whose organisations have experience ofusing mediation were asked if they are inhibited frommaking more use of it by a range of factors.Nearly two out of three respondents say they have noproblems, or none that would suit mediation. Some ofthese organisations are presumably either small, orparticularly well managed, or lucky. In other cases,respondents may simply have failed to recognise issuesthat could usefully have been dealt with by mediation.Other responses suggest more principled objections tomediation, including one in ten respondents who don’tbelieve it’s appropriate to involve third parties in disputesat work. However, significant minorities either feelmediation is too expensive or don’t know any mediators,or an organisation that helps with mediation (15% ineach case). Reliable information and advice about sourcesof mediation could clearly be helpful in these latter cases.Encouragingly, more than one in five organisationsthat have not used mediation say they are consideringdoing so.Cost is seen as the biggest single issue inhibiting thegreater use of mediation, but is significantly moreimportant in the public and voluntary sectors (27%)than in the private sector (15%). Lack of trust byemployees is also an important factor (referred to by16% of respondents) – substantially more importantthan lack of support from the workforce or tradeunion (5%). Where employees lack trust in theprocess, mediation is less likely to have been seen assuccessful in resolving issues referred to it. Employeemistrust in the mediation process is a significantlymore influential factor in the public sector (20%) thanin the private sector (12%).Lack of understanding about the process (21%), lackof interest by senior management (13%) anddifficulties in finding a mediator (12%) are othersignificant factors inhibiting the use of mediation.Resistance by line managers is seen as inhibiting theuse of mediation by 12% of respondents.8Workplace mediation

Managing mediationBuilding mediation into workplace proceduresTable 11: Is the use of mediation written intoemployment contracts or procedures?%Grievance procedures 58Procedures on diversity,harassment or bullying46Disciplinary procedures 36Employee handbook 31Stand-alone mediation policy 13Statement of employmentparticulars/employment contract8Collective agreement 4The Gibbons Review recommended that employerorganisations should consider encouraging the use ofmediation as a standard provision in contracts ofemployment. Respondents were asked if the use ofmediation is written into employment contracts orworkplace procedures.Fewer than one in ten organisations currentlyincorporate mediation in the employment contract.Grievance and disciplinary procedures are the maininstruments by which organisations communicate theirpolicy towards mediation. Stand-alone mediation policiesare relatively unusual (13%). This suggests that mostemployers still see mediation primarily as a response toconflict, rather than as an integral part of themanagement culture.It is, however, encouraging that mediation is seen to bea natural component of policies on diversity, harassmentor bullying in nearly half (46%) of organisations. This isparticularly the case in the public sector, where 62% ofrespondents say mediation is written into suchprocedures. These positive findings reinforce the prioritygiven to the same issues in response to the questionabout which issues are most suitable to be dealt with bymediation (see Table 7).Recent experience of mediationRespondents were asked about their most recentexperience of mediation. Mediation was used inresponse to the threat of an ET claim in only 8% ofcases, and after an ET claim has been lodged with theemployer in another 8% of cases. In the remaining 83%of cases, mediation was not related to an ET claim at all.Table 12: Did the most recent experience of mediation take place…? %In response to the threat of anemployment tribunal8After an ET claim had been lodged by the employee8It was not related to an ET claim 83In three out of four cases, use of mediation is initiatedby the HR department, with line managers responsiblefor initiating its use in 12% of cases. In just over half ofall cases, the mediation is between one or moreemployees and their manager.The amount of time spent on the process of mediationis fairly evenly distributed between cases wheremediation took less than a day (22%), one day (28%),two days (22%) and longer than two days (28%).Mediation tends to take more time in largerorganisations, in the public sector, and where anexternal mediator is used.Table 13: How much time is spent on the processof mediation itself?%Less than a day 221 day 282 days 22More than 2 days 28Workplace mediation 9

Costs of using mediationTwo in five organisations incur costs in using mediation,in addition to management time.Table 14: How are costs incurred in relation tomediation?%Use of a mediation service 76Legal advice 13Training mediators 5Cost of accommodation at a neutralvenue5Travel expenses 2Use of external mediationMore than half of respondents (56%) say they haveused an external mediator. Almost nine out of tenrespondents that have used an external mediator areeither very (47%) or fairly (41%) satisfied with theservice provided.Of those who use an external mediator, three-quartersobtain their services through advice from or contactwith either Acas (27%), a commercial organisationspecialising in mediation (25%) or a business contactor colleague (25%). Thirteen per cent of those whouse an external mediator obtain their services througha professional adviser, such as a lawyer.Of those organisations that incur costs in usingmediation, 75% say they are incurred mainly in using amediation service, while the majority of the rest (13%)say they are incurred mainly in taking legal advice.Others say costs are incurred mainly in trainingmediators (5%), use of accommodation at a neutralvenue (5%) and travel expenses (2%).By way of comparison, the CIPD survey of conflict atwork in 2007 found that:• businesses spend almost ten days on averagedealing with an individual tribunal claim (including7.7 days senior managers’ time)• 33% of employers also reported non-financialnegative effects of claims.Line managers’ attitudesIn answer to a question about how line managers feelabout the use of mediation to resolve workplace issues,responses are fairly evenly split between those sayingmanagers support the use of mediation (29%), supportits use in principle but can be reluctant to agree inpractice (29%) and have a neutral stance (24%). Just2% report that line managers are hostile to the use ofmediation. Organisations where line managers supportthe use of mediation are more likely to have madeincreased use of mediation over the last three years.Having obtained advice about where to find anexternal mediator, one in four respondents use aprofessional mediator from Acas, one in two use anorganisation other than Acas, 10% use an HRconsultant, 6% use a lawyer, 2% use an independent/trained mediator, and 3% use someone else.Should employees be accompanied duringmediation?Table 15: Is it desirable for an employee to beaccompanied during mediation?%Yes, by a trade union representative 15Yes, by another employeerepresentative19Yes, by a friend or colleague 25Yes, by a lawyer 2No, it is undesirable 39One of the practical benefits seen by respondents inusing mediation (see Table 5) is its relative informality. Ifemployees are accompanied in the mediation process,this may add to the degree of formality, and to thetime and costs involved.Not surprisingly, therefore, two in five respondents seeit as undesirable for an employee to be accompaniedduring mediation. Of the others, most believe anemployee should be accompanied by a trade union orother employee representative, while a significantminority (25%) believe they should be accompanied by10Workplace mediation

a friend or colleague. Only a tiny percentage (2%)believe that they should be accompanied by a lawyer,with none in either the public sector or the largerorganisations (employing more than 5,000) respondingin this way.Attitudes towards mediationTable 16: Attitudes towards mediationMediation improves line managers’ability to manage conflict.3.8There is a clear business case fororganisations to use mediation.4.1More widespread use of mediationwill reduce the volume of ET claims.3.7Use of internal mediation has apositive impact on workplace culture.3.9Some employees see mediation asdenying them access to justice.2.8Some line managers see mediationas interfering with their authority.3.1Mediation produces win–winsolutions that leave both parties 3.6satisfied.Use of mediation shows thatorganisations are committed to 4.0recognising individual dignity.Mediation improves parties’understanding of each other’s 4.2position.Note: figures represent mean scores, where ‘stronglyagree’ scores 5 and ‘strongly disagree’ scores 1.Respondents in private sector services were significantlyless likely than those in other sectors to believe thatmediation improves parties’ understanding of eachother’s position.The significant level of support for the proposition that‘Mediation produces win–win solutions that leave bothparties satisfied’ is reflected in the high percentage ofrespondents who said that both parties were able tostay in their jobs following mediation (see Table 8).Learning about good practiceRespondents were asked what are the most importantlessons learned about the use of mediation or aboutrunning a mediation scheme.The most important lesson for most is the need for allparties to buy in to the process of mediation. Onerespondent commented on ‘the need to have linemanagement buy-in to the mediation scheme andsenior management support to ensure mediators aretrained and released from normal duties to carry outmediation’.There was also strong support for the need formediators to be independent/objective/impartial andwell trained.Some respondents advised against assuming thatmediation could be an all-purpose solution, still less a‘quick fix’:Attitudes towards mediation among organisations withexperience of using mediation were very positive.Strongest levels of agreement were for the statementsthat ‘Mediation improves parties’ understanding of eachother’s position’, ‘There is a clear business case fororganisations to use mediation’ and ‘Use of mediationshows that organisations are committed to recognisingindividual dignity and showing respect for theiremployees’.The percentage of respondents agreeing with thesuggestion that ‘some employees see mediation asdenying them access to justice’ was smaller than thatwho disagreed. Attitudes among the smallestorganisations, employing fewer than 50 people, wereconsistently more positive than in larger organisations.‘It can be very successful in certain situations but not allissues can be dealt with by mediation.’‘It is only an additional tool available to resolveworkplace conflict and is not something that can beoffered wholesale in every case. The climate of theorganisation needs to be appropriate already: it will notwork if…there is an undercurrent of mistrust.Something to launch when things are going well, notwhen they start to go, or are already, not healthy!’Workplace mediation 11

However, other respondents felt the most importantlesson they had learned was about the effectiveness ofmediation as a means of resolving disputes:‘It works and brings about cost-effective resolutions.’‘It encourages individuals to understand other people’sviewpoint and knowledge of the impact your ownactions have on others.’‘Mediation helps to keep the channels ofcommunication open so that they do not escalate toformal procedure and costly claims.’‘How powerful it can be in achieving a resolution andleaving individuals with their dignity intact.’What works?Other respondents offered advice on ‘what works’,based on their own experience of managing mediation:The corollary of the need for all parties to buy in tomediation was the insistence that mediation must bevoluntary. ‘There is no point in anyone taking part ifthey feel they have been “conscripted” – they need tounderstand the process and willingly engage.’ Theimportance of frank discussion, honesty and opennesswere underlined.The basic argument for making use of mediation wassuccinctly put by one respondent:‘A lot is gained from people talking about theirproblems before an employee with a grievance goes tothe law. Many conflicts are escalated by externalinvolvement. When employees go for external adviceadditional claims are always added… Too muchformalisation leads to escalation of problems, whichleads to stress for all concerned and costs.’• ‘Use the process early – leaving it until there is noother course of action generally means that trusthas broken down and mediation is unlikely to beeffective.’• ‘Set the ground rules about behaviour during themeeting.’• ‘Trust and confidentiality are crucial.’• ‘As a mediator, leave it to the parties to solve theirown problems.’• ‘More role-playing with real situations duringtraining.’• ‘Ensure you continue to promote the serviceson a regular basis – try different methods ofcommunication to ensure messages are heard.’12Workplace mediation

Promoting mediationTable 17: What is the single most important thingthat could be done to promote the wider use ofworkplace mediation?%Communicate aims/benefits toall staff25Train managers to use mediation 15Raise awareness of how to accessmediation11Emphasise benefits of early intervention in solving grievances8Improve quality of/access to trainingfor mediators8Training (unspecified) 7Role-play/case studies on positiveaspects7Clear explanation of mediationwritten into policy7Ensure access to mediation is easy/cheap6Endorsement from seniormanagement6Respondents were asked, ‘What is the single mostimportant thing that could be done to promote thewider use of workplace mediation?’ These responses aregrouped together into common themes. A full 25%opted for communicating the aims and benefits ofmediation to all staff. Several people commented on theneed for employers to raise awareness andunderstanding of mediation, and actively promote it asa means of resolving issues. This underlines the need foremployers to get the message across to their workforce– starting with managers – at all levels if they want toimprove take-up.The next most important factor identified byrespondents is training managers in the use ofmediation (15%), with a further 7% opting for(unspecified) training. One respondent suggests theneed to ‘improve the access to training of HR and/orline managers in mediation techniques. If a professionalbody like the CIPD ran mediation courses that were of arecognised and respected standard, then sellingmediation within an organisation would be easier andemployees would have more confidence in the process.’Eleven per cent of respondents focus on the need toraise awareness of how to access mediation, with afurther 8% emphasising the importance of easy accessto mediation. This suggests that a reinforced Acashelpline, drawing attention to the role of mediation andgiving information about providers, will be an effectiveway of helping many employers and increasing the useof mediation.A number of respondents suggest that the single mosteffective method of promoting mediation is to buildmediation into existing procedures for dealing withgrievances and disputes, or bullying and harassment.However, there are also concerns that mediationshould not simply be seen as part of a formal process,but part of the company culture and ‘the frameworkof people management, not an isolated process’.One person suggested that the important thing is to‘ensure that mediation is part of the language used inconditions of employment [and] insist it is a stagebefore formal grievance’. A number of respondentsdraw attention to the value of informal approaches toresolving conflict, and the need to create a willingnessto work outside set formulae.Several responses point to the need for mediation to beused at an early stage and not be seen primarily as ameans of discouraging recourse to an employmenttribunal. One believes that mediation ‘is still consideredas something of a black art…and is commonly believedto relate to tribunals only’, while another stresses that ‘itis a stand-alone process [and] not a stepping stone onthe way to a tribunal’. Only a handful of respondentssuggest that mediation should be made compulsory bychanging existing legislation.Workplace mediation 13

ConclusionsThere is strong support from employers for the useof workplace mediation. The business benefitsinclude retaining valuable employees and avoidingthe costs of defending tribunal claims. Mediation canbe seen as simply a better way of dealing withworkplace conflict than other, more formal processesand is a key element in the conflict resolutionprocess for a majority of respondents. Butimportantly, mediation can also contribute tobuilding an organisational culture that focuses onmanaging and developing people. It is seen as ameans of improving relationships between colleaguesand can offer a solid basis for sustainable highperformanceworking.The survey finds strong support for the use of bothinternal and external mediation. The CIPD survey ofconflict resolution in 2007 found that one in fiveemployers uses external mediation, includingthrough Acas. It might have been expected thatthere would be a link with organisation size, withsmaller employers more dependent on using externalmediators, but this appears to be so only in relationto the largest employers (those employing more than25,000 people) and those employing between 50and 250 people, which make significantly less use ofexternal mediation.The survey shows that employers’ use of mediation isincreasing. Few appear to have principled objectionsto its use, though a small minority don’t see it asappropriate to involve third parties. Concerns aboutcosts and the ability to identify a suitable mediatorput off some organisations from considering usingmediation. It is hoped that such concerns will beaddressed by the increased resource that theGovernment is committing to reinforce mediationand conciliation services. Lack of understandingabout the process (21%) and lack of interest bysenior management (13%) are other significantfactors that are being addressed by improvedinformation and support (including this research).The survey doesn’t make possible any finaljudgement about differences in the approach tomediation as between the private and public sectors.However, the proportion of those respondents whocompleted the survey and who work in the publicsector is 43% – significantly above the one-third ofCIPD members who belong in the public sector.It seems likely that the private sector relies moreheavily on HR managers to resolve internal conflict,and makes correspondingly less use of mediation,than the public sector. If so, this might reflect thefact that professionalism in HR has come relativelylate to many parts of the public sector, leading someemployees to be reluctant to trust managementprocesses for dealing with conflict. Managementresistance to third-party intervention may also begreater in the private sector.Mediation should not be seen as a universal defaultoption for tackling the whole gamut of workplaceissues. One in five respondents thinks it likely to besuitable in most cases, while three-fifths see it aslikely to be suitable in some cases. Employers alsosee it as more suitable for dealing with some issuesthan others, with relationship breakdown, bullyingand harassment and discrimination issues high upthe list of those where mediation is likely to behelpful. It is used in relation to disciplinary issues butnot to the same extent as for grievances. And clearlysome care may be needed to ensure that mediationdoes not undermine disciplinary procedures,particularly where issues of principle are seen to beinvolved.This underlines the need for employers to lookbroadly at a spectrum of methods for managingconflict, including training HR and line managers to14Workplace mediation

deal with conflict. Informal discussion between thoseaffected, or ‘dialogue’, is seen by survey respondentsas the single most important method of resolvingworkplace conflict. It is when dialogue has brokendown that mediation needs to be considered, alongsideother options including settlements following Acasconciliation or compromise agreements.The findings of this survey represent a challenge tothe Government’s aspiration to develop mediation asa preferred alternative to employees making claims toemployment tribunals. Although many employersalready use mediation and see it as a means ofdiscouraging tribunal claims, according to the surveymost current mediations have no relationship to anyactual or threatened tribunal claim.If mediation is to have a significant impact on thevolume of tribunal claims, therefore, it will have todevelop in one of two main ways. One is byidentifying potential tribunal claims, either beforethey reach the tribunal service or before a hearingtakes place, and offering claimants and employersmediation as a more attractive alternative. This has tobe a voluntary process, both to protect individuals’statutory rights and because mediation will nototherwise be effective. This survey is helpful inindicating those issues where mediation is seen asparticularly likely to be effective.The second route to building up mediation as aneffective substitute for tribunal claims is for employersto adopt mediation as the core of their conflictmanagement processes, and use it to reinforce atrust-based culture, which will mean that few if anydisputes reach a critical stage. Short-term resultscannot be expected in this area, but the CIPD willcontinue to promote the value of a mediation cultureas a component of effective people management andleadership.Workplace mediation 15

BackgroundMediation has been defined as a form of disputeresolution in which a neutral third party, from insideor outside the workplace, helps people reach amutually acceptable agreement. Mediation can bedistinguished from arbitration, where an independentthird party considers claims made by each side andproduces an opinion based on the strength of theirrespective cases. Mediators don’t impose a solution,but help the other parties settle their differences ontheir own terms.The Gibbons Review of workplace dispute resolutionpublished in March 2007 recommended the use ofmediation and other forms of alternative disputeresolution to settle disputes at an early stage. Thereview challenged employer organisations to promoteearly resolution as a management tool and provideadvice, guidance and training to empower managersto resolve disputes in the workplace; and to improveunderstanding and awareness levels among theirmembers of the value of third-party mediators to helpresolve internal workplace disputes.As part of its response to Gibbons, the CIPD isworking with Acas on research to fill gaps in currentknowledge about mediation. This will include casestudies of the use of mediation in both private andpublic sectors, to help in developing guidance foremployers on good practice.As a first stage, the CIPD has conducted an onlinesurvey exploring how organisations use mediation,what they see as the benefits, factors influencing itsuse and the attitudes of employers and employees. Toget an informed response, the survey was targeted atCIPD members and other people who have someexperience of the use of mediation in theirorganisation.A total of 766 people attempted to complete thesurvey, of whom 327 said their organisation hadexperience of using mediation to settle workplacedisputes. It is primarily the responses of those 327people with experience of mediation to draw on thatare reflected in this report. However, thoserespondents who said their organisation had no suchexperience were asked why they thought this was thecase, and their responses are shown in Table 9.The CIPD is very grateful to all those people whodownloaded the survey and to those mediationbodies that encouraged their clients to download thesurvey. They have all helped towards building up aunique picture of employers’ current use of mediationin the UK. Particular thanks go to Acas, whocontributed substantially to the design andimplementation of the surveys, drawing on theirunparalleled experience in the area of conflictresolution.ReferenceCHARTERED INSTITUTE OF PERSONNEL ANDDEVELOPMENT. (2007) Managing conflict at work[online]. Survey report. London: CIPD. Available at:http://www.cipd.co.uk/NR/rdonlyres/2A206FFD-CF79­4F2A-9B8A-FA7F2A05CE07/0/manconflwrk.pdf[Accessed 16 May 2008].16Workplace mediation

We explore leading-edge people management and development issues through our research.Our aim is to share knowledge, increase learning and understanding, and help our membersmake informed decisions about improving practice in their organisations.We produce many resources on managing conflict at work including guides, books, practicaltools, surveys and research reports. We also organise a number of conferences, events andtraining courses. Please visit www.cipd.co.uk to find out more.Chartered Institute of Personnel and Development151 The Broadway London SW19 1JQTel: 020 8612 6200 Fax: 020 8612 6201Email: cipd@cipd.co.uk Website: www.cipd.co.ukIncorporated by Royal Charter Registered charity no.1079797Issued: June 2008 Reference: 4427 © Chartered Institute of Personnel and Development 2008