Helping Managers to find more economical, time-efficient ways for dealing with employee disputes.

1. Dispute Resolution
for
Managers

2. A Little About Me
• Nationally Accredited Legal
Mediator.
• Lawyer with MBA Degree.
• 20 years of experience in litigation.
• In 2011, retired from Barnes
Brinsley Shaw partnership in 2012,
and set up SHAW Mediation
Australia in 2013.
• Vision for SHAW is to offer relief by
DR without Courts.
Copyright © 2017

3. Question 1
What are the personal attributes that make a good manager?
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4. Case Study - 1
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GRUG Hospital
- Regional Hospital – Riverland
- City Hospital – Adelaide
• Elizabeth –Theatre Manager Adelaide – with GRUG for 4
months
• Sonya – Nurse Manager Riverland – with GRUG for all
her working life

5. Summary of Case Study - 1
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Employee - Elizabeth:
1. Can’t work together with Sonya in the current arrangement.
2. Sonya threatens to return patients to the Riverland hospital as soon
as they are out of acute care to put more pressure on Elizabeth so she
retires or leaves.
3. Can’t predict Sonya’s reactions.
Employee - Sonya:
1. Sonya works 14-15 hour days and is responsible for all theatre lists.
2. Works under constant pressure of deadlines and has a very stressful
job.
3. Sometimes snaps but does not consider her behaviour to be worse
than any other Manager.
4. Conflict with Elizabeth is affecting her role and jeopardizing her
relationship with the Hospital Manager.

6. Case Study - 1
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Issue: Sonya and Elizabeth are not
talking.
How would you handle this
problem?

7. Case Study - 2
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GRUG Hospital
- International Company is the manufacturer
- Distributer and Dealer – Adelaide
- Hospital is in Adelaide and the Riverland
• Hospital purchases a new piece of expensive medical
equipment on finance e.g. vital signs monitor, ultrasound
machine.
• Andrew – Business Relationship Manager sold the
equipment to the Hospital.
• Lawrence – CEO of International Co for a couple years.

8. Summary of Case Study - 2
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Hospital:
1. Thought that equipment was the latest model and came with add-on.
2. Upon delivery discovers that add-on is an optional extra.
3. After use, discovers that it is slower than the old piece of equipment
traded in which is on finance now with the distributer.
4. Then the hospital learns that it is not the latest version of the model.
Lawrence and Manufacturer/Supplier:
1. Lawrence provided the specs and photos of the equipment to the hospital
ops manager.
2. Lawrence told the finance manager that it was a good price because it’s
a new version but now a new model is about to be released but still does the
same job.
3. The manufacturer has never supplied the optional extra with that
machinery.
4. The manufacturer wants the hospital to be happy with their equip-

9. Case Study - 2
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Issue: Hospital wants the latest
version.
How would you handle this
problem?

10. The Mediation Process
Initial Contact Consultation
Joint Mediation
Session Outcome
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 Confidential & inadmissible


11. Opening
Parties’
opening comments
Reflection & summary
Issue exploration
Private sessions
Negotiation
(Private sessions)
Agreement
and closure
Agenda setting-
identifying the issues
Pre-mediation:
the preliminary
conference
Post-mediation: parties’
implementation of the
agreement
Problem
Solving
Resolution
Understanding
and
exploration
Future
Past
Source: https://www.leadriama.org/dispute-resolution/about-mediation
The Mediation Joint Session

12. The Mediator Fit
Hospital
(Parkwynd)
Board
Patients
Ancillary Staff
Mediator
Nurses
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Doctors
Contractors
CEO
Finance
Admin Allied Health
Professionals
Specialists

13. Role of the Mediator
• Offers the process for the way forward
• Assists communications without input
• Remains independent
• Provide a safe environment with ground rules &
timeframes
• Listens, acknowledges, asks the hard questions, reality
tests and reframes
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14. Benefits of a Mediator
Supports and facilitates the disputes between the staff or
hospital and outsiders by:
• remaining independent without any vested interest in the
outcome
• asking the hard questions and reality testing
• helps to keep issues smooth, moving forward and future
focused
• remains private and confidential, as far as the law allows
• records the outcome for the relevant people
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15. Brainstorm Session
• Draw Organisational Chart for your team.
• Draw Stakeholders for each member of your team.
• Discuss the benefits of mediation if a problem arose for
anyone in your team.
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16. Benefits of Mediation
• Fast and convenient
• Independent and avoids Complaints
• Avoids break down in communication
• Confidential and private
• Saves relationships and saves face
• Minimises disruption
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17. Total Litigation Costs for the
Hospital
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SAET
Legal costs for Hospital approx $20KFWC
FC
C
Legal costs for Hospital approx $25-35K
Total legal costs for Hospital approx $75-
95K
Legal costs for Hospital approx $30-40K
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
Litigation 1-3
years
Mediation 1-5
months
FWC FCC SAET Total

18. When to Litigate, When to
Mediate
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Litigate if:
• Legal point of difference; or
• If employee is fraudulent.
Mediate all other concerns.

19. Red Flags
• Allegations about others and blame
• Lack of respect and trust
• Break down in communication
• Lack of understanding
• Complaints
• No progress or clear way forward
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20. When Disputes Arise
• Things feel unproductive, stuck or
difficult conversations need to be
had.
• Manager communicates the
involvement of a mediator.
• This can be arranged directly or via
HR.
• You need to be confident and upfront
about the situation from your
perspective and have clear
expectations about the purpose of
the mediation.
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21. How to start the
conversation…
• Introduce the mediation process with staff….
• Start the conversation about the mediation with staff
member(s)….
• Introduce the mediator and facilitate the mediation…
• Back out of the mediation…..
• Follow up with the outcome of mediation…
• Follow through with the mediation outcome….
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22. Thank You -
Questions?