TCM Showcase April 2015

www.thetcmgroup.com © 2015
Routes to Resolution
‘A vision for effective dispute resolution in the UK’
David Liddle,
@david_liddle

This event is being filmed by our media
partner Formative Communications.
There is opportunity for one to one
interviews after this presentation. Please
stay so that you can participate as we
really want to hear your views.

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

We help organisations to achieve their full potential by
reducing the impact of employee and industrial relations
challenges.
•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.
•Using the FAIR Framework™, TCM trained mediators
resolve over 90% of disputes in one day.
•We are accredited by Customer First.

• 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…

I win - you lose I'm right - you’re wrong
Don’t
blame me
It’s all
your
fault
You are a
bully!
I don’ttrust you
Who do you think you are?
I’ll see you in court

• Are reactive.
• Encourage dispute escalation.
• 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:

What steps have you
taken to make conflict
a strategic priority?
What impact has this
had?
Discussion

• Kent County Council’s (KCC) triennial staff survey showed a clear need to
increase managers and employees’ level of engagement and motivation
in their roles.
• Increasing evidence that current grievance and bullying and harassment
procedures were letting people down.
• KCC identified the adoption of mediation into its workforce as a key
factor in addressing these issues.
• Spring 2014, KCC began the process of overhauling its internal policies
and procedures to strongly promote the early resolution of workplace
conflicts through the use of informal procedures and mediation.
• Stakeholder focus groups and Union engagement sessions
• 40 mediators trained.
February 2015 – KCC Resolution policy goes live.
Case study
Kent County Council

“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

TCM Integrated Resolution Scheme.
The People, Performance and Engagement Model©
Management
and leadership
•Competency
frameworks
•Diploma in People
Performance and
Engagement
•Better Resolutions
HR, IR and ER
processes
•Mediation services
•Team resolution
•Team building
•Neutral evaluations
•Workplace
investigations.
Psychological Contract (relationships) Legal Contract
Professional Resolution of formal
disputes
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
•Full mediation
scheme
•set up
•Engagement and
awareness raising
•Mediator CPD and
supervision.
Embedding a
resolution
culture
•Diagnostics
•MRP
•Triage training
•Facilitated
Conversations

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

Resolution 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)

Measuring the real cost of conflict
1. Human and Financial costs
2. Time taken by your managers to resolve issues.
3. HR time spent on handling bullying cases, grievances and
complaints.
4. Attrition, recruitment and absence.
5. Legal fees, settlement agreements and pay offs
6. Employment Tribunal costs.
7. Employee satisfaction with traditional grievance and B&H
processes.
8. The impact on employee engagement and satisfaction.
9. Impact on wellbeing – stress and absence.
10. Reputation!

TOOLKIT: The TCM Conflict Calculator™

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

What steps have you
taken to measure and
evaluate the real cost
of conflict?
had?
Discussion

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.

The TCM
Model
Resolution
Policy and
toolkits.
#Resolutionredefined
Resolution policy:
•A new approach to grievance and complaints resolution
•Values based and person centred
•Enhanced triage of cases and opportunities for facilitated
conversations
•Emphasis on mediation and early resolution
•Mediation remains voluntary
•Compliant with the Acas code – representation and
appeal.
Toolkits:
•Resolution support for HR
•Resolution support for TU reps.
•Resolution support for managers
•Resolution support for employees

The TCM Model Resolution draws on
5 core values:
1.Fairness
2.Mutual respect
3.Empathy
4.Dignity
5.Dialogue

Possible
resolution
approaches
• Neutral evaluation/resolution assessment
• Facilitated Conversations by HR, union or
senior manager
• Mediation (internal or external)
• Team building or development
• Coaching
• Resolution meeting (formerly informal
resolution)
• Investigation
• Formal Resolution Meeting (with right to
representation.)
• Appeal (with right to representation)

Have you embedded a
Resolution Policy yet?
What challenges did
you face and what
impact has it had?
Discussion

Why is
leadership
so f’ing
hard?

The end result…
1.Managers are confused about their
role.
2.They are stuck between a rock and a
hard place
3.They lack the confidence, courage
and competence to deal with difficult
situations.
4.HR unable to function effectively.
5.A reactive culture prevails.
6.Increasingly levels of team
dysfunction, dissatisfaction and
discord.

What are you doing
to develop effective
people managers?
had?
Discussion

• Conflict management becomes a key strategic priority for
all companies.
• The impact of conflict is measured, evaluated and assessed
• Resolution Policies replace grievance and B&H procedures.
This will balance human needs with the need to have due
process.
• HR/Unions and management work together to deliver
joined up approaches for resolving ER and IR issues.
• Managers are given the skills that they need to handle real
people management issues.
• Nip issues in the bud – embed a culture of early resolution
• Dispute resolution is fully integrated into employee
engagement and employee wellbeing strategies.
My vision for Resolution in the UK

Do you agree with
my vision?
What impact do you
believe it may have
on your business?
Discussion

“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

How can TCM help?
1. Free onsite consultation.
2. High impact resolution audit.
3. Leadership competency framework and
management development programmes.
4. Training mediators to an accredited standard
5. Setting up fully integrated mediation schemes
6. Exemplary after care and follow up.

Wrap up
1.What will you take back to your workplace
to help develop a culture of resolution?
2.Who needs to be involved?
3.What support do you need?

Questions and
discussion

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

TCM Showcase April 2015

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