Resolution Institute paper on OO 10 September 2015

Wayne F Marriott © Fleetwood Group Limited 2015
Providing independent, neutral and informal conflict management and dispute
resolution in New Zealand organisations
Kon-gres 2015
LEADR / IAMA Conference
Thursday 10 September 12.15pm
By Wayne F Marriott
Abstract:
Independent, informal and neutral conflict management within an organisation is
akin to the forestry smoke watcher. Invariably when smoke appears you want an
early warning system in place to ensure you can minimise the damage by taking
decisive action and you want a skilled observer to direct the fire service to the source
of the heat.
Many organisations have a formal conflict management system (CMS) in place and
encourage staff to use the process if they get into workplace conflict. Staff can be
reluctant to engage due to fear of issues such as retaliation, loss of relationships or
other consequences.
The establishment of an informal, independent, neutral conflict management system
in an organisation is a complementary addition to an existing formal system. The
informal nature of the practitioners engaged in CMS fosters conflict management
and resolution of disputes quickly whilst reducing the cost of conflict both in dollar
terms and human cost.
The cost of organisational conflict – a vicious cycle
Conflict is a significant reducible cost. Too often organisations under estimate the
true cost of conflict. Unchecked conflict can lead to expensive dispute resolution that
could be minimised if detected earlier.
Conflict competence – the virtuous cycle
A key benefit of the informal process to the organisation is making it easy and
acceptable for staff to raise their concerns. It is important that the informal process
works seamlessly with the formal HR process. This informality allows for a lower
level intervention for the individual and providing benefit to the organisation on the
basis that many issues might not otherwise be reported for fear of retaliation or
embarrassment.

Through the work of the practitioners engaged in CMS, and as a function of the role
as ‘listening post’, the organisation benefits from the early detection and mitigation
of risk associated with potentially serious problems.
This paper discusses:
1. The costs of organisational conflict
2. Alternative Dispute Resolution (ADR) and Conflict Management System
(CMS)
3. Prevention and cure – the case for an Organisational Ombudsman
4. Case study – airing some dirty laundry
5. What do we do now?
6. What does the future hold?
The cost of organisational conflict – the vicious cycle
By far the majority of organisations simply pay for services to resolve dispute as they
occur. Some will lament the tremendous cost dispute has on their income, and many
will not consider the wider cost of conflict.
Organisations that invest in building capability for constructive conflict management
reap the rewards through improved internal and external relationships. These
organisations understand that cost comes in many forms and by working to improve
conflict competence they can reduce costs associated with:
Health Status:
High absenteeism and sick leave. Increased workplace accident rates increase
and an associated impact on performance.
Individual Psyche:
Reduced job satisfaction, motivation, commitment and diligence adding
performance pressure on other staff.
Wasted Time:
Periods of unresolved conflict. Staff spend time dwelling on the issues and the
organisation loses productive time.

Counter Productive Work Behaviours:
Sabotage; theft (including intellectual property); vandalism, incivility and
failure to report health and safety issues appropriately or in a timely manner.
(Malfeasance; Misfeasance and nonfeasance)
Cost of Dispute Resolution:
Increasing litigiousness of parties commanding higher settlements and
compensation.
Customer Service Decline:
Reduced levels of customer service, poor customer experience or outcomes
not being achieved.
If we build it they will come, won’t they?
There are plenty of models of alternative dispute resolution service (ADR) that
deliver a ‘one size fits all’ approach to design and implementation. These systems
are mostly prescribed by government regulation and where competition is absent.
Having worked in a variety of ADR jurisdictions associated with Government for 15
years, I have long dreamed of some kind of ADR utopia where collaboration and
competition meet successful professional services.
That we could build an ADR process that has widespread uptake by an open
market, without engaging with that market seems daunting. More daunting for our
industry is that the market doesn’t seek to manage conflict until it is experiencing
significant pain.
Small servings of a limited pie.
Although trained in the LEADR model of mediation, practitioners may find this
superior qualitative model is not matched by quantitative results. The thing is
mediation continues to offer small discrete packets of work.
Mediation is only part of a wider picture. Increasing the size of the pie can be
effectively sustained by working in collaboration in the development of holistic

conflict management system (CMS)1. This paper suggests a platform for client
engagement in the delivery of a CMS that provides continuity to the client and
practitioner.
In consideration of four types of conflict, ADR practitioners have access to a
reasonable serving of pie, able to stave off hunger at least some of the time.
Mediators working in the private sector routinely become engaged in work related
to one or other of the following descriptors.
i. Intrapersonal conflict
ii. Interpersonal conflict
iii. Intra group conflict
iv. Inter group conflict
Understanding that no discrete dispute is confined to one or other of these
descriptors, mediators I talk with often reflect on how difficult the resolution of a
dispute between members of a team can be when a more sustainable fix could be
found by also addressing issues further up the food chain invariably involving inter
and intra group conflict from a position of imbalanced power.
So, what if we could work on a CMS that worked efficiently and seamlessly for all
types of conflict?
The answer lays in part on the relationship practitioners foster and maintain with
their client. Ongoing business relationships deliver us to a status as trusted advisor.
Our work is valued and respected and called upon more regularly as the
relationship strengthens. The strength here is gathering knowledge and engaging in
conversation.
“An ounce of prevention is worth a pound of cure”.
Benjamin Franklin.
I’ve embraced service development where prevention is better than cure, or, if I’m
allowed to mix my metaphors, treat our client industry as we would a highly prized
forest. Instead of racing about fighting fires, we would position ourselves in the role
as smokewatcher.
1
Mary Rowe. An organisational ombuds office in a system for dealing with conflict and learning from conflict,
or conflict management system. Harvard Law Review Winter 2009 Vol 14: pages 270-288

Preventative measures with rapid response:
“Like a smokewatcher. If we see signs of smoke we will investigate and if there is
fire we will make recommendations on putting it out and preventing future fires
in that area”.
Dr David Miller.2
A systems approach to conflict prevention and CMS
To broaden ADR to a CMS approach, I’ve wanted to construct a vision that supports
the following attributes:
i. Fit within but not constrained by Government regulation
ii. Holistic service offering bespoke to the needs of the client
iii. Scalable – capacity with contract practitioners
iv. Scalable – capability incorporating different skill sets based on client need
v. Ethical and safe (Independent; neutral; impartial)
vi. Zero barriers – provision of credible, safe and accessible services.3
On being introduced to the work of the organisational ombudsman, the structure
and function of this largely American and European practice seemed to fit with my
vision. I have since become engaged in how the role could be implemented in New
Zealand.
The role of the classical Ombudsman is mandated by legislation and focuses on
investigation of complaint; evaluation and determination. Whilst the role of the
Organisational Ombudsman (OO) is mandated by organisational policy and uses
consensual processes to bring about resolution and maintain peace.
In New Zealand the Ombudsman Act 1975 does not allow without permission the
use of the term ombudsman. Whereas it does not govern the work of the
Organisational Ombudsman, to date no consent has been granted for an
Organisational Ombudsman to use the term Ombudsman.
Where-ever it is employed; the organisational ombudsman is an essential corporate
conscience4. The role as listening post is enacted with careful poking and prodding
of the organisation toward fairness and good practice. It can be viewed as a
2
Dr David Miller. Organisational Ombudsman. The Global Fund. Geneva.
3
Mary Rowe. An organisational ombuds office in a system for dealing with conflict and learning from conflict,
or conflict management system. Harvard Law Review Winter 2009 Vol 14: pages 270-288
4
John S Barkat. http://www.ombudsassociation.org/IOA_Main/media/SiteFiles/docs/JIOA-15-V8-1-Barkat.pdf

complaint handler (albeit informally) and facilitator of justice. It is an internal
consultant to the highest echelons of the organisation providing feedback and
knowledge.
It is the conflict coach, mediator, restorative justice facilitator and educator all rolled
into one.
The standards of Practice of the organisational ombudsman include:
Independence
The practitioner is independent in structure, function, and appearance to the
highest degree possible within the organisation.
Neutrality
The practitioner is designated neutral, remains unaligned and impartial. The
practitioner does not engage in any situation which could create a conflict of
interest.
Confidentiality
The practitioner holds all communications with those seeking assistance in
strict confidence, and does not disclose confidential communications unless
given permission to do so. The only exception to this privilege of
confidentiality is where there appears to be imminent risk of serious harm.
Informality
The practitioner, as an informal resource, does not participate in any formal
adjudicative or administrative procedure related to concerns brought to
his/her attention.
Conflict competence – the virtuous cycle
Develop personal skills
Conflict management supports personal and organisational development
through providing information, education for conflict competence, and
enhancing life skills.
Enabling people to learn from life’s experiences, and to prepare them to turn
destructive conflict into constructive conflict management is essential.
Increasing conflict competence
The responsibility for conflict management in dispute and conflict services is
shared among individuals, teams, departments, unions and the professional
institutions.

They must work together towards a conflict competent system which
contributes to the pursuit of peace.
Strengthen organisational action
Organisational development draws on existing human and material resources
to enhance self-help and social support, and to develop flexible systems for
strengthening staff participation in and direction of conflict competence.
Build appropriate systems and policy, and creating a supportive
environment
Conflict and peace cannot be separated from other goals. Organisations that
demonstrate an embedded positive conflict management culture, and
structures that support the culture, do so through a systems approach. They
do this through an organisational structure that surfaces and confronts
conflict in a constructive way. Their business policies support both the culture
and the structure.
The vision is to make a positive engagement choice an easier one.
Moving into the future
Conflict competence is created and lived by people within the settings of their
everyday life; where they learn, work and play.
Case study.
I was introduced to the client in March 2014. As an example of valued collaboration,
the client who had sought help from the Chamber of commerce, were duly referred
to a local organisational psychologist. As luck would have it, the psychologist was
not able to commit time to the issues and referred the job to me.
The original prospect was to assist with the resolution of difficulties being
experienced by the owner.
Industrial laundry.
Franchised entity owned by a family who are also involved in day to day
management. Employs 60 staff. This industry launders on an enormous scale. The
business involves the supply and maintenance of uniforms and overalls for various
industries and supplies and launders linen for health and food service sectors.

Hygiene is a primary importance alongside health and safety in what is a busy
industrial setting.
The previous five years had borne witness to enormous change in the business
including:
1. Relocation of the business from a satellite town to an industrial sector of
Christchurch.
2. Increase workflow and staffing numbers.
3. Modernisation of the laundry with installation of robotic technology.
4. Canterbury earthquakes – whilst these events had no significant effect on
workflow, an increase of work resulted from difficulties experienced by
competitors.
5. Slow evolution of business policy and procedure.
Following a short audit process, I presented to the owner a proposal to implement a
bespoke six month service plan that included:
1. Conflict awareness training to all staff – to introduce the creation of the
independent, neutral and impartial service.
2. Conflict coaching with individual staff to build personal skills in the
management of conflict.
3. Mediation with parties in dispute.
In essence, the role of smoke watcher had been created and the initial engagement
included fortnightly factory visits and telephone consultation as and when required.
Ethical consideration:
All practice is provided within the Code of Ethics as adopted by the International
Ombudsman Association (IOA). (appendix 1)
The terms of the Code of Ethics were documented and agreed between the
practitioner and the client set out in the contract for services. Separate agreements
are made between the practitioner and the consumers as set out in the agreement to
coach.
i. Conflict coaching (appendix 2)
ii. Agreement to coach (appendix 3)5
iii. Agreement to facilitate / mediate (appendix 4)
5
Based, with written permission, on a precedent by CINERGY Coaching (2005). Permission required for further
use. www.cinergycoaching.com . cinnie@cinergycoaching.com

Outputs
1. Staff engagement meeting – service introduction / relationship building
(main themes included: balancing inquiry with advocacy6 and understanding
the spectrum of conflict management7)
2. Supervisors training meeting – communication and conflict management.
(main themes included: balancing inquiry with advocacy and revision of the
spectrum of conflict management)
3. Personal conversation and data collection during 10 months activity. Visits
were categorised into three main streams:
i. General catch-ups
ii. Conflict coaching sessions
iii. Meetings (facilitation / mediation / conciliation)
Issues presented by consumers (staff) were categorised:
1. Evaluative relationships
2. Induction process
3. Health and safety
4. Uniform
5. Supervisor(s)
6. Manager(s)
7. Company policy / procedure
8. Annual leave / leave
9. Malfeasance
10. Misfeasance
11. Nonfeasance
Issue category Contemporary definition
Evaluative relationships Interpersonal conflict, gossip, hurt feelings
Induction process Issues relating to new staff
Health and safety Health and safety
Uniform Issue relating to the staff uniform
Supervisor(s) Issues about or with supervisors
Manager(s) Issues about or with manager
Company policy / procedure Issues with application or definition of policy
Annual leave / leave Allocation of leave
Malfeasance Deliberate wrongful act
Misfeasance Improper performance
Nonfeasance Intentional failure to act
6
Peter Senge. The fifth discipline fieldbook. 1994. pages 256 to 259
7
Colin McKenzie. Designing a dispute system across an entire industry. ADR Bulletin 2003. Vol 6. Number 1.
http://www.cmnz.co.nz/content/files/ADR_-_Paper_by_Colin_McKenzie.pdf

Sample = 89 visitor meetings (reference material from data collation beginning Oct
2014)
Issue category Combined
informal
conversation
General
catch up
(83%)
Conflict
coaching
(14%)
Facilitation
Mediation
(3%)
Evaluative relationships 1 68 71 100
Induction process 8 11 0 0
Health and safety 7 5 7 0
Uniform 6 14 14 33
Supervisor(s) 2 35 43 100
Manager(s) 3 36 36 100
Company policy / procedure 4 30 14 67
Annual leave / leave 5 12 21 33
Malfeasance 9 3 0 33
Misfeasance 0 0 0
Nonfeasance 0 0 0
Process evaluation:
Visitors surfaced multiple issues in conversation. The number one issue is evaluative
relationships followed by issues pertaining to or with supervisors and then
managers. Not surprisingly, the relationships of supervisors and managers and their
staff involved issues of evaluative relationships. This is closely followed by issues
pertaining to company policy and procedure – including implementation of new or
reviewed and continuity of application. As sub-categories, two significant issues
deserved separate reporting, being leave allocation and staff uniforms.
Online survey form via Survey Monkey is made available to staff following coaching
sessions and group meetings / mediation. For those not accustomed to an online
process, paper versions of the survey are sent out.
Outcome evaluation:
1. Complaints policy – developed and implemented
2. Regular team meetings
3. Harassment and bullying policy. This followed a period of identification and
resolution of gossip. Staff were encourage to talk about gossip and the
following test was applied:
a. Are you uncertain the comment is factually true?
b. Could the comment actually or potentially hurt feelings?
c. Could the fallout of the comment slow work performance?

If the answer to any question above is yes, then it is probably gossip. Staff
agreed that gossip is unhelpful in the workplace and “not how we do things
around here”.
4. Improved culture
“…… has significantly contributed to a more positive culture in the factory”
5. Customer satisfaction
“….. very practical and helpful. I have used the techniques when dealing with
staff.”
6. Further contract
The client and I have agreed to extend the service to April 2016 with research
and analysis consent. In recognition of the collaborative relationship between
us the provision of services will be retained and include collation and
presentation of this case study that show-cases the activity undertaken and
outcomes. Such findings would be used to enhance the development of
services offered to the wider franchised group of companies. Publication of
this material is undertaken by agreement.
What does the future hold?
The future of ADR and CMS is up to us! I trust we can work together, toward:
i. Research – cost of conflict on New Zealand and Australian companies and
organisations. We simply don’t have enough research data on the cost of
conflict8
.
ii. Education and awareness – Promoting knowledge on the benefits of an
independent, neutral holistic approach to CMS in the organisational
context.
iii. Collaboration – broadening an approach to CMS amongst our fraternity –
increasing the size of the pie.
Conclusion:
I started my professional working life work in a field of medical physics, somehow
destined to become an Alternative Disputes Resolution Practitioner.
So at this ADR conference I’d like to link the world of quantum electrodynamics
(QED) with ADR, and leave you with a quote from Nobel Prize winner – Richard
Feynman.
8
Martin Freres. Financial costs of workplace conflict. Journal of the International Ombudsman Association. Vol
6, number 2. 2013 page 83 – 93.

Richard Feynman was a gifted mathematician and physicist with the WW2
Manhattan Project. He was deeply affected by the devastation caused by the atomic
bomb. Feynman believed that everything in the natural world was Quantum
Electrodynamics (QED) so I offer this as my renewed connection between ADR to
QED.
“Fall in love with some activity, and do it! Nobody ever figures out what life
is all about, and it doesn't matter. Explore the world. Nearly everything is
really interesting if you go into it deeply enough. Work as hard and as much
as you want to on the things you like to do the best. Don't think about what
you want to be, but what you want to do”.
I hope you can relate to this as much as it does to me.
Thank you for your attention.

Appendix 1
IOA Code of Ethics
INTERNATIONAL OMBUDSMAN ASSOCIATION9
P R EA MB L E
The IOA is dedicated to excellence in the practice of Ombudsman work. The IOA Code of
Ethics provides a common set of professional ethical principles to which members adhere in
their organizational Ombudsman practice.
Based on the traditions and values of Ombudsman practice, the Code of Ethics reflects
a commitment to promote ethical conduct in the performance of the Ombudsman
role and to maintain the integrity of the Ombudsman profession.
The Ombudsman shall be truthful and act with integrity, shall foster respect for all
members of the organization he or she serves, and shall promote procedural fairness in
the content and administration of those organizations’ practices, processes, and
policies.
ETHIC A L P R INC IP L ES
INDEPENDENCE
The Ombudsman is independent in structure, function, and appearance to the highest
degree possible within the organization.
NEUTRALITY AND IMPARTIALITY
The Ombudsman, as a designated neutral, remains unaligned and impartial. The
Ombudsman does not engage in any situation which could create a conflict of interest.
CONFIDENTIALITY
The Ombudsman holds all communications with those seeking assistance in strict confidence,
and does not disclose confidential communications unless given permission to do so. The only
exception to this privilege of confidentiality is where there appears to be imminent risk of
serious harm.
INFORMALITY
The Ombudsman, as an informal resource, does not participate in any formal
adjudicative or administrative procedure related to concerns brought to his/her
attention.
www.ombudsassociation.org
9
http://www.ombudsassociation.org/IOA_Main/media/SiteFiles/Code_Ethics_1-07.pdf

Appendix 2
What is conflict coaching?
Managing the conflict in our lives. Improving wellbeing.
We all deserve to be happy in a place where we can enjoy our work and home life. It takes
effort and what seems so simple can often prove to be less easy than we hoped. This is true
of the conflict around us.
When handled constructively, conflict is a normal and useful part of life. If left unresolved
people may not feel their workplace or home life is positive. It will lead to low morale and
you may even notice that relationships suffer at home and productivity is lost at work. In
extreme cases, people may have health problems associated with conflict.
Wayne Marriott works with people one to one, helping them address their concerns and
resolve conflict. This is done through an informal process of conflict coaching; reviewing
options and occasionally mediation. Contact with Wayne is confidential. He aims to allow
you to decide the best way to handle problems at work or at home in a flexible and creative
way.
You can contact Wayne directly if you would like:
 to share an issue with a neutral person and set goals for dealing with
that issue.
 to have a confidential conversation about a conflict.
He can help you:
 strengthen your ability and confidence to take steps to resolve issues.
 assist with negotiations between people.
 listen and help you develop options to address issues and assess the
consequences of these options.
 identify other avenues of help outside the home or the workplace.

Appendix 3
Agreement to coach
This is an agreement between: ________________________ (The coachee)
and
Wayne Marriott (The coach)
Conflict coaching
1. General:
a) Conflict coaching is a one to one process in which a trained coach helps people
increase competence and confidence to manage their interpersonal conflict and
dispute.
b) It is a future oriented and voluntary process that focuses on the client’s conflict
management goals.
c) Conflict coaching is not counselling or therapy.
d) The coach will not provide advice or act as your agent or representative.
The coach’s role
2. Primary role and responsibilities of the coach include:
a) Help the client identify conflict management goals and steps required to reach
them.
b) Co-create a relationship that supports and facilitates the client’s efforts to reach
their goals.
c) Assist the client, manage or resolve a dispute or prevent one from escalating
unnecessarily.
d) Help the client strengthen their knowledge, skills and abilities to engage more
effectively in conflict.
e) Manage the coaching process through a step by step process where appropriate.
The client’s role
3. The client agrees to:
a) Communicate honestly with the coach.
b) Be willing to co-create the relationship and identify the best way to collaborate to
ensure progress.
c) Be open to the coach’s observation and input.
d) Provide feedback to the coach on their experience of the coaching process and the
working relationship.
e) Be accountable for doing the work required to reach their goals.
f) Be solely responsible for their decisions and actions regarding their goals.

Confidentiality
4. The coach will maintain complete confidentiality about the content of the coaching
sessions unless:
a) Disclosure of the information is authorised by the client in writing.
b) The client reveals intent to harm others or themselves.
c) The information is required on an anonymous basis for educational or statistical
purposes (no identifiable names and information are used).
d) Required by applicable laws.
Booking sessions
5. Coaching sessions will be confirmed for mutually convenient times to meet or speak,
for up to _______ minutes, up to _____ times per month / week for _____ months /
weeks. After this period the client and coach will reassess goals to determine if more
sessions are required. If any sessions need to be rescheduled the coach and client will
endeavour to give the other at least 24 hours notice.
Voluntariness
6. Either the client or the coach may end the coaching process at any time. If either one
exercises this right they each agree to consider the optimum way to inform the other,
which may include an explanation about the reasons.
Release
7. The coach shall not be held liable for any act or omission arsing out of or during the
coaching process.
________________________ signature: _______________________________
Wayne Marriott signature: _______________________________

Appendix 4
Agreement to mediate
This is an agreement between
(Referred to in the agreement as the parties)
(The mediator)
We the parties agree:
Appointment of mediator
1. We will enter into mediation, within the terms of this agreement, with the mediator.
Good faith and co-operation
2. We will mediate in good faith. We agree to co-operate with the mediator and
be honest with the mediator and each other.
Role of mediator
3. We accept that the mediator will be neutral, will listen to each of us and will assist
our attempt to resolve the issues between us. The mediator will do this by helping
us to:
g) Clarify the issues in dispute.
h) Understand each other’s viewpoint.
i) Develop options to resolve the issues.
j) Explore the usefulness of each option.
k) Identify our own solution/s to the dispute.
l) Reach an agreement that accommodates the interests and needs of all parties.
4. We understand that the mediator will not:
a) Give legal advice to either party.
b) Impose a result on either party
c) Make a decision for either party.
5. We understand that the mediator may meet separately with one or both of the
parties and/or their representatives. Such a meeting can take place before the
mediation or at any time during it. Either party or the mediator can request this at
any time. The content of all such discussions will be confidential between the
mediator and the party concerned, unless otherwise authorised. .

Authority to settle and representation at mediation
6. We agree to attend with authority to settle within any range of options that can
reasonably be anticipated, or where this is not possible, have reasonable access to a
person who holds such authority.
7. We acknowledge that each party may have one or more other persons, including
legally qualified persons to support, assist and/or advise them, subject to the
agreement of the other party.
Confidentiality of the mediation process
8. The mediator and the parties will treat as confidential all written and oral
communications as well as documents presented at or before mediation.
9. The mediator will not maintain confidentiality if s/he has reason to believe that any
person is in danger of physical harm, or property is in danger.
10. Any information, whether written or spoken, about what occurred in the mediation
is privileged. It shall not be used by any party at Adjudication or in any Court unless
all parties agree.
Termination/adjournment of the mediation
11. Mediation is voluntary. The parties participate with the intention of completing the
mediation process.
12. Either party may withdraw from the mediation process at any time. However, any
party who does wish to withdraw shall discuss the decision with the mediator
13. The mediator may terminate the mediation if, after discussion with both parties, the
mediator feels unable to assist them further to achieve a resolution.
14. The mediator may adjourn the mediation if it appears that any party is significantly
disadvantaged because of the length of the session.
Settlement
15. If a settlement is reached a mediated agreement will be prepared by the mediator
and signed by the parties. No settlement is binding unless and until it is in writing
and has been signed by all of the parties.
Exclusion of liability, indemnity and release
16. The mediator shall not be held liable in negligence or otherwise for any act or
omission arising from or out of or during the mediation.

17. We agree not to make any claim in defamation against the mediator or each other in
respect of anything said or any document presented during the course of the
mediation.
18. We agree that if any legal action is taken against the mediator, the costs incurred by
the mediator will be reimbursed by the party bringing the legal action.
Without prejudice
19. All parties reserve their respective rights should the mediation not result in a
settlement being reached between them.
We have read, understood and agree to the conditions of this agreement:
--------------------------- --------------------- ----------------------------
(party - name) (signature) (purpose of attendee)
--------------------------- --------------------- ----------------------------
(party - name) (signature) (purpose of attendee)
Date: / /
3rd Party confidentiality of the mediation process
20. All additional parties will treat as confidential all written and oral communications
as well as documents presented at or before mediation.
21. Any information, whether written or spoken, about what occurred in mediation is
privileged. 3rd parties shall not use any information for or against any party at any
Adjudication or in any Court unless all parties agree.
The following persons attended the mediation and agree to abide by the above.
--------------------------- --------------------- ----------------------------
(3rd party - name) (signature) (purpose of attendee)
Date: / /

Resolution Institute paper on OO 10 September 2015

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