Mediation Eye Opener

www.thetcmgroup.com © 2015
The Mediation Eye Opener
A common sense approach to change management, conflict management and leadership development.
David Liddle, Chief Executive of The TCM Group

• Mediator, teacher and leader with
over 20 years experience in the
field of conflict management.
• Degree in race relations plus an
MBA.
• Background in community
cohesion, inclusion, Restorative
Justice and non-violence.
• Regularly blogs about conflict
management and leadership
• President of the Professional
Mediators’ Association. The trade
body for mediators in the UK.
David Liddle
Chief Executive of The TCM Group

We are a management consultancy with a difference. We are
passionate about dialogue, about collaboration and about
people. Our mission is to become the world leader in all aspects
of collaborative and non-adversarial business practices.
• We have been in business for 14 years.
• Core services: Employee and Industrial Relations,
Consulting and Training
• We have set up over 300 integrated resolution
schemes in organisations across the UK.
• We employ a team of full time mediators and trainers
supported by world leading associates.
• We are accredited by Customer First

• Fire alarm and toilets.
• Timings/breaks.
• WIFI: tcmguest. (TCM12345)
• Twitter: @david_liddle or
@thetcmgroup
• Free on site consultation
following this workshop.
• Opportunity for questions
and debate throughout.
• Guidelines for the workshop
(ground rules): Confidentiality,
Respect, Open Mind,
Participate.

1. Assess the causes and the costs of workplace conflict.
2. An explanation of mediation: how it works; why it
works; and when it works best.
3. Secure a commitment to mediate from your
employees, unions, managers and leaders.
4. Build a business case for developing an integrated
mediation scheme.
What does success look like?

1. What impact
does conflict
have?
2. What
challenges do
you face when
you are working
with conflict?

The
spiral
of
conflict

• Conflict is not a strategic priority for most companies.
• It’s impact is not measured, evaluated or assessed. Who
really knows, or cares, what it costs?
• We have become reliant on policies, procedures and
processes. These procedures are vital but they impede
common sense.
• HR/Unions and management pulling in different directions.
• Leadership is f’ing tough: Feelings, Frustration and Fights.
• Organisations leave it too late – they throw money and
time at problems that should be resolved much sooner.
• Dispute resolution does not integrate fully into employee
engagement and employee wellbeing strategies.
The problems with conflict.
The bogey man is going to get you…

• Are reactive.
• Are inherently adversarial.
• They polarise the parties.
• Rarely identify root cause of conflict.
• Individual or business needs are ignored.
• They impede creativity.
• They create a ‘grievance, entitlement or
litigation culture.’
The existing dispute resolution systems:

1. Workplace conflict costs UK PLC £33 billion a year
according to the CBI and CEDR.
2. 370 million working days lost each year due to conflict
according to joint CIPD and OPP research
3. According to recent research, over a third of managers
would rather parachute jump for the first time than address
a problem with their team at work.
4. 99% of SME owners agree that mediation was a good tool
for resolving workplace disputes, according to Acas.
5. The average annual costs to employers of dealing with ET
claims (excluding management time) is in excess of £20k
according to the Department for Business (BIS).
6. PMA research suggest that current grievance procedures
achieve a positive resolution in less than 25% of cases.
7. TCM mediators achieve a positive outcome in 93% of cases.
Statistics
about
conflict
and
mediation

“The most intense conflicts, if overcome,
leave behind a sense of security and calm
that is not easily disturbed. It is just these
intense conflicts and their conflagration
which are needed to produce valuable
and lasting results.”
- Carl Jung (1875-1961)

Questions and
discussion

Opening the door to
dialogue
The role of
mediation

• Mediation is now widely recognised as
management and HR best practice.
• Recognition of the real cost of conflict (human
& financial)
• Mediation underpins engagement, wellbeing,
performance, customer care and various
business, community and legal reforms.
• Gibbons Review (2007) and repeal of DRR.
Employment Act (2008) and the Acas Guide.
• Employment law reforms are mediation
friendly
• Increased emphasis on mediation by the
Coalition Government.

What is
mediation?
“Mediation is a non-adversarial way of resolving difficult
situations. It is used as an alternative to formal or legal
processes. Mediation is a mind-set, a framework and a set of
skills.
The mediator is neutral. They help the two or more parties
have an open and honest discussion to identify a mutually
acceptable outcome. A win/win outcome. Mediation is
about collaborating rather than blaming.
Any agreement in mediation comes directly from the parties,
not from the mediator. The mediator is not there to judge, or
to tell those involved in the mediation what they should do.
Mediation is both voluntary and confidential” Liddle, David 2013

The FAIR Framework™

• What types of cases are
suitable for mediation?
• When is mediation suitable?
• How can I secure a
commitment to mediate?
• How much does mediation
cost?
• How effective is mediation?

Integrating
mediation within your
organisation

TCM Integrated Resolution Scheme.
The People, Performance and Engagement Model©
Management
and leadership
TCM Support:
• Competency
frameworks
• Diploma in
People
Performance and
Engagement
• Better
Resolutions
HR, IR and ER
processes
TCM Support:
• Mediation
services
• Team resolution
• Team building
• Neutral
evaluations
• Workplace
investigations.
Psychological Contract (relationships) Legal Contract
Professional Resolution of formal
disputes
TCM Support
Mediation services for
• Supply chain disputes
• Shareholder disputes
• Consumer disputes
• Employment disputes
• Business to business disputes
• Commercial disputes.
Values and governance
ER, HR and IR strategy
Systems and processes (covering suppliers, consumers, employment etc)
Wellbeing, engagement
CULTURE
Internal or
outsourced
mediation
scheme
TCM Support:
• Full mediation
scheme
• set up
• Engagement and
awareness
raising
• Mediator CPD
and supervision.
Embedding a
resolution
culture
TCM Support:
• Diagnostics
• MRP
• Triage training
• Facilitated
Conversations

The Marks and Spencer Experience
When the Acas code came into effect, we implemented a small scale internal
mediation function at M&S. Nine of us qualified as mediators with Acas at
first. When we wanted to enlarge the team, we felt using TCM was a lot more
cost effective.
The TCM approach is very personalised, nothing is too much trouble. You are
dealing with people who have a passion for mediation and experience of
mediating often at international level. For me TCM have a credibility that
other providers don't have. They stand out head and shoulders above the
rest.”
Philip Edwards, Employee Relations Manager
Marks & Spencer Plc

TOOLKIT: The TCM Conflict Calculator™

Before we began offering mediation, one of the only choices
for our employees was to go down the formal route.
Putting an end to that was the real selling point for the
business. But even more importantly was being able to get in
very quickly and address issues before they became
entrenched. Mediation has had a significant impact within
our business. Everybody wins with mediation, no-one loses.
Carole Russell, Head of ER, BT Retail
The BT Experience

Mediation Business Case – TCM Template
1. Vision and objectives.
2. Current context.
3. Evidence of the need for change.
4. Benchmark data.
5. Key stakeholders.
6. Internal factors (policies and procedures etc)
7. External factors (customers, suppliers etc)
8. Project plan and key milestones (3-5 years)
9. Resource requirements
10. Your Resolution Partner – The TCM Group
11. Anticipated return on investment (ROI)

Gathering evidence of the need for change.
1. The cost of conflict to your organisation: Human and Financial
2. Time taken by your managers to resolve issues.
3. HR time spent on dispute resolution.
4. Attrition, recruitment and absence.
5. Legal fees, settlement agreements and pay offs
6. Employment Tribunal costs.
7. The impact on employee engagement and satisfaction.
8. Impact on wellbeing – stress and absence.
9. Reputation!

1. Build the business case. Strategy and framework.
2. Stakeholder engagement
3. Create a Resolution Policy and embed mediation
into other relevant policies.
4. HR, union and management training – triage,
facilitated conversations and mediation skills.
5. Recruit, select and train a multi-disciplinary
team of in-house mediators.
6. Publicise and communicate your exciting new
resolution scheme.
7. Measure, evaluate and report – accountability
and ROI
“Rome wasn’t built in
a day – but I wasn’t
on that particular
job!”
Brian Clough
Setting up
an
integrated
resolution
scheme

“After a thorough trawl of the market, we invited TCM to set
up a pilot mediation scheme within Topshop and Topman.
This was extremely effective and we rolled mediation out
across the Group a year later. David and his team were
invaluable in assisting Arcadia to set up our internal mediation
service and we were proud to win the 2012 PT award for
innovation in Dispute Resolution”
Paul Forrest
Head of Employment Relations. Arcadia Group
The Arcadia Experience

Grievance Resolution
Formal, adversarial,
judgement, blame,
punitive, defensive,
draconian, rights
based, combative,
divisive, win-lose,
sanction, argument.
Informal, safe, talk,
listen, empathy,
dialogue, resolve, non
adversarial,
collaborative, interests
based, openness,
values, consensus,
mediate, win-win.

“Everyone has a right to work in an environment of mutual
respect, dignity and support. The TCM Model Resolution Policy
is a positive move to attaining this. This Policy will help to
transform the way workplace disputes are managed and in
turn will change the working lives for the staff working within
Kent County Council.
As a trade union representative, and also as a staff member, I
am keen on the implementation of such a positive forward
managing disputes in the workplace.”
Liz Skinner
Unison Steward and Service Conditions Officer
Kent County Council

“This programme paved the
way to more a strategic
conversation about
developing a culture of
mediation. It linked to the
wider context of our
organisation”
Angela Bathgate,
Personnel Manager
Lancaster and Morecambe College

How can TCM help?
Your next steps…
1. Accredited mediator training £2,000 (£1,500 if delivered onsite)
2. Organise a meeting, with me, to see how TCM can help your
organisation. FREE
3. copy of the TCM Model Resolution Policy plus guidance on how to
implement it. FREE
4. Mediation services ca £1,500
5. Mediation, investigation and coaching training. From £395
6. Management and leadership training.
7. Setting up an internal mediation scheme.

Helping you to build your business case
If you would like TCM to help your to prepare your business case, I would be very happy
to support you.
Typically the support I provide includes:
• An initial telephone or Skype call to identify your needs and goals etc;
• Desktop analysis of your existing policies and procedures;
• Analysis of relevant metrics including employee engagement data and wellbeing data etc
• An online survey for a sample population of your managers and employees;
• A one day onsite visit which includes:
• Running TCM’s unique conflict/mediation diagnostics;
• A meeting with key decision makers to discuss the potential impact of mediation;
• Running a focus group with some of your key stakeholders;
• Attending an onsite planning meeting and an opportunity to debrief at the end of the day.
• Preparing a draft business case for you within 10 days of the onsite day.
The cost for all of the above is just £2,495 plus vat

Wrap up
1. Has today been useful?
2. What will you take back to your
workplace to help develop a culture of
resolution?
3. What support do you need from TCM?

 Mediation is the most effective
form of dispute resolution
available.
 Organisations benefit by adopting
a holistic and strategic approach
to mediation and resolution.
 Now is a great time to create a
resolution culture.
In conclusion...
Mediation
works!

Thank you for listening
and participating
david.liddle@thetcmgroup.com
www.thetcmgroup.com

Mediation Eye Opener

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