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U MEDIATION K JOURNAL ISSUE 10 @UKMediationJournal @UKMediationJ

SUPPORTED BY: Mediation Conflict Resolution Creating Happier Workplaces Employee Relations Mediation Facilitation Conflict Resolution Training Mental Health & Well-Being

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MEDICO LEGAL M A G A Z I N E


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Helping people and business resolve disputes quickly, confidentially and cost-effectively After more than 20 years, our mission remains to ensure that court is the last resort by giving individuals or advisers easy access to an independent panel of highly experienced and effective mediators, many of whom are ranked by Chambers & Partners and the Legal 500. Mark Jackson-Stops

Civil & Commercial

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Talk to us today about resolving your dispute Call 0333 014 4575 or visit www.mediate.co.uk

IN PLACE OF STRIFE The Mediation Chambers

The International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU

Connect With Us


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Inside 4.

Mediating Online in the Covid-19 Environment

7.

STOP THE MADNESS!!! Disputes in the Workplace

9.

Independent Mediators Limited

10. Four Simple Measures to Reduce Workplace Conflicts 11. How learning to have challenging conversations can transform your organisation 12. My top tips for new Mediators by Irene Grindell 14. Directory of Mediation Providers, Mediation Training Providers & International Mediation Providers

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Whilst every care has been taken in compiling this publication, and the statements contained herein are believed to be correct, the publishers do not accept any liability or responsibility for inaccuracies or omissions. Reproduction of any part of this publication is strictly forbidden. We do not endorse, nor is Iconic Media Solutions Ltd affiliated with any company or organisation listed within. It is advised before appointing a mediator or trainer that you carry out your own quality and competence checks.

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Mediating Online in the Covid-19 Environment By Mia Forbes Pirie and Graham Ross n this time of self-isolation online mediation becomes more relevant than ever. There are, of course, advantages and disadvantages to mediating online. However, given that it may be the only option, this article focuses on tips for online mediation. Experts in workplace, tech and online dispute resolution, Mia Forbes Pirie and Graham Ross give you the low down. We evaluate people not just through words but through the congruence of words with their body language and tone of voice. Often it is our extremities which give us away – a foot tapping, hands moving. How, therefore, can we better evaluate and generate trust when not in the physical presence of each other? How can we make mediation work online?

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Mia Forbes Pririe

Graham Ross

Mediating online - platforms and tips In the Covid-19 environment, we assume that mediation will take place using a dedicated online mediation platform and/or video conferencing software such as Zoom. If a combination with face to face mediation is required, most of the mediation could be conducted online with a potential face to face meeting to wrap things up once social distancing ends. Many of these points seem obvious but make all the difference.


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10 Top Tips for video mediation

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Tech! Find out how comfortable participants are with the technology. Prepare with separate test runs.

2

Acknowledge the issues and signpost. Start the video call by acknowledging what may be different from a face to face meeting. E.g. time-lags, longer pauses for questions and contributions. Let people know clearly what the technical process is going to be.

3

Use common-sense and follow social norms. For instance, introduce yourself at the beginning of a meeting with one side. Make appropriate “chit chat” to build trust. Always be on time.

4

Encourage a focused environment free from distraction. Request that mobile phones be switched off and that, wherever possible, the environment be free of distractions (children, dogs, doorbells ringing, checking emails etc.)

5

Camera angles. Help the parties set up their camera to better display their image. Avoid angles looking up someone’s nose. Each person, especially you, should be sitting upright at a desk or table at an appropriate distance from the camera. If you want to appear to be ‘looking people in the eye’ look directly into the camera.

6

Neutral background. Consider insisting on a neutral background (e.g. a white wall or a plain digital background). This is particularly helpful where there may be disparities in wealth or power between parties.

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Take security measures. Ask parties to commit to not recording the session, not inadvertently sharing login details and to being alone in the room. If using Zoom, make sure you take steps to avoid “ZoomBombing” (hackers joining your meeting), including password protecting your meeting and possibly disabling “file transfer” and “screen sharing” by the parties”. Have a protocol for sharing documents. Understand the security features of any platform you use. Virtual breakout rooms. To recreate a shuttle mediation environment, Zoom allows you to have joint sessions and then move parties and their lawyers into breakout rooms which you can drop into. Participants can be reassigned to different rooms as needed, as in the real world. Get comfortable with these features. Sometimes, however, it may be better to close the joint session and schedule times to speak separately to the parties. Technical restrictions. Consider the meeting settings carefully. For example, disable “join before host”, and possibly other features to prevent Zoombombing (point 7). Consider muting participants on entry, assigning people to breakout rooms in advance. Consider hiring someone with experience in online mediation. Mediation online requires different skills to inperson mediation.

Dedicated online mediation platforms Platforms exist which combine video conferencing with “asynchronous” messaging (different times), and document and case management. They provide the possibility of conducting a mediation with different parties at different times. All of the above video conferencing tips apply here. In addition: • •

• •

Ensure you use a platform that allows you to control the times when each party can post messages. Since you will not be able to see hesitancy, where that may be an issue, ask the parties to scale their answers, 1-10, to ‘yes/ no’ questions on opinion. For example - on a scale of 1-10, how important is this to you? To avoid delay in responses, send text alerts when posting a message. Carefully review your messages before posting and consider if best framed.

We hope that this will have given you some useful insights. There is only so much information we can provide in this short article. Further information, training and more tips are available from Graham Ross’ distant mediation course at: www.ODRtraining.com and www.SeeYouOutOfCourt.com Mia Forbes Pirie is a commercial and workplace mediator with significant experience in technology and online mediation. For more information see: https://miaforbespirie.com

There has been some controversy over Zoom’s security which is important to take into consideration when choosing a platform and discussing with clients. At the time of writing, Zoom has issued a statement admitting to security issues (separate from the cause of ZoomBombing) and a research unit at the University of Toronto has published a detailed study advising not to use Zoom for confidential discussion and in particular not to use the Waiting Room function until Zoom’s promised changes have taken place. See https://tinyurl.com/TORONTOZOOM and https://tinyurl.com/ ZOOM4MEDIATION. The situation is evolving.

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Free Conflict Management Diagnostic TCM is offering a free onsite conflict management diagnostic to organisations, big and small, to help them to evaluate the causes, the costs and the consequences of conflict. We will then align quantitative data with qualitative data to create your unique Conflict Profile Report™. We will provide a verbal report and overview of what is working and what challenges you are facing to key HR, managers and unions. A written Conflict Profile Report™ is available on request for a small fee. The Conflict Profile Report™ will assist you to decide on the most appropriate conflict management strategy for your organisation. For more details and to set up your fee conflict management diagnostic, please contact info@thetcmgroup.com or call the TCM Conflict Management hotline on 0800 294 97 87 and quote: UK Mediation Journal TCM is also available to design and deliver more detailed audits and impact assessments into areas such as workplace bullying, sexual harassment and discrimination. BOOK NOW

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STOP THE MADNESS!!! Disputes in the Workplace ‘Prevention is better than Cure’ - we all know this is true and though every organisation large and small can head off disaster – very few do!! Conflict in the workplace seems to be increasing and often escalating to formal dispute and grievance processes quickly. The consequences can easily run into thousands of pounds in legal fees, plus the indirect costs in management time, lost productivity, team disruption, time off due to stress and/or suspension, damage to reputation, also the collateral costs in staff retention and recruitment. Trouble spreads too – increasing numbers of staff get drawn in. Over the past year we have noticed an increasing number of workplace mediations seem to follow after the grievance claim has been made and suspensions have taken place. The grievance is often not upheld – appeals made and still not upheld. The parties involved are disappointed and angry and feel they have no control going forward and often choose more formal action. The rights and wrongs are irrelevant to the parties’ feelings. The relationship has broken down – only then does someone think ‘let’s offer mediation’!! Better late than never, but by this stage everyone is entrenched and getting the relationship back on track is a steeper challenge even with the best mediator. Why not mediate first? Why make it worse before making it better? An example – we were called in to an organisation where forty people were in dispute in one way or another. Grievance

procedures and tribunals aplenty – but after an investigation by two Focus workplace experts, involving all parties, the root causes started to emerge and effective corrective action was taken. No emphasis on rights and wrongs – just on problems and solutions. All grievances and formal actions except one were resolved and withdrawn. One person left, some had some coaching and regular meetings were set up to improve communication – harmony was restored. Not something achievable via a tribunal or grievance process, yet that is often the first thought. Why not put in place a sound Facilitation and/or Mediation process with expert workplace mediators? Then parties can have access to resolve real and/or perceived grievances in a safe/ confidential and informal manner. Everyone will feel understood and have some control over the outcome. Common sense surely?

So – stop the madness! - Contact Focus Mediation NOW for a free initial consultation. Email info@focus-mediation.co.uk or call 01908 231132 for workplace mediation in most areas of the country.

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Mediation Conflict Resolution Creating Happier Workplaces Employee Relations Mediation Facilitation Leading the way to Conflict Resolution Training

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Mental Healthworkplaces… & Well-Being conflict-free Respect, & Inclusion ‘WorkingDiversity with individuals and organisations to improve their

 Integrity and Respect Mediation workplaces and working relationships’  Challenging Sexual Harassment Conflict Resolution Mediation Creating Happier Workplaces Employee Relations  Day-to-Day Respect Scaling Conflict Resolution Mediation Creating Happier Workplaces Mediation Facilitation Employee Relations Conflict Resolution  Courageous Conversations Mediation Creating Happier Workplaces Conflict Resolution Training Mediation Facilitation Employee Relations  Persons of Trust Conflict Resolution Mental Health & Well-Being Mediation Creating Happier Workplaces Conflict Resolution Training Mediation Facilitation Respect, Diversity & Inclusion Employee Relations ‘Working withResolution individuals and  Investigations Conflict Mental Health & Well-Being Mediation Creating Happier Workplaces Conflict Resolution organisations to improve their Training Mediation Facilitation Respect, Diversity &relationships’ Inclusion Employee Relations ‘Working with individuals and  Mediation workplaces and working Mental Health & Well-Being Conflict Resolution Mediation Creating Happier Workplaces Conflict Resolution organisations to improve their Training Respect, Diversity &relationships’ Inclusion Mediation Facilitation ‘Working with individuals and Employee Relations workplaces and working Conflict Resolution Mental Health & Well-Being Creating Happier Workplaces organisations to improve their Conflict Resolution Training Mediation Facilitation Respect, Diversity & Inclusion ‘Working with individuals and Employee Relations workplaces and working relationships’ Mental Health &high Well-Being “Consistent quality with effective delivery at every step” Conflict Resolution organisations to improve their Training Mediation Facilitation Respect, Diversity &relationships’ Inclusion ‘Working with individuals and workplaces and working Mental Health & Well-Being Janet Dalziell, People and Culture Director, Greenpeace International Conflict Resolution organisations to improve their Training Respect, Diversity & Inclusion ‘Working with individuals and workplaces and working relationships’ Mental Health & Well-Being organisations to improve their Respect, Diversity Inclusion ‘Working with individuals and out more: +44 (0)7932 Call us&relationships’ to find workplaces and working organisations to improve their www.stillhr.com workplaces and working relationships’

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Independent Mediators Limited Independent Mediators is home to a group of Europe’s leading full-time civil and commercial mediators, nationally and internationally recognised for their work. ndependent Mediators (IM) was formally launched in June 2007. We operate as a mediation chambers. All the mediators work full time as mediators and are only appointed through Independent Mediators. Our chambers consists of Charles Dodson, Phillip HowellRichardson, Kate Jackson, Michel Kallipetis QC, Jonathan Lloyd-Jones, Mark Lomas QC, Bill Marsh, Andrew Paton and Nicholas Pryor. When forming IM our aim was to make the process of instructing mediators simpler and to recognise and to meet the requirements of instructing solicitors and individuals. We are very conscious of the need to provide a competitive service and are recognised as offering exceptional value for money. We make the country’s top mediators available at affordable prices for any size dispute. We do not charge any admin fees to the parties. Only mediators recognised by the leading directories as being in the top tiers are invited to become members of Independent Mediators. We are unashamedly “elitist” offering some of the best mediators in Europe. We will never offer an inappropriate mediator for any instruction. The concept has worked extraordinarily well. Instructing solicitor’s feedback shows that not only was our business model correct but that the quality of the mediators’ performance and the administrative service that supports them has probably exceeded expectations. The number of mediations per year has consistently increased since our launch. Since we launched the group we have received in excess of 5,500 appointments. The mediators within the chambers have mediated in excess of 8,500 between them in their careers. The parties to cases IM members mediate range from litigants in person to multinational companies; with sums claimed from £25k to multi billion. Appointments are received from a broad range of sources including, top ten City firms, international law firms, regional and high street practices, in-house lawyers, government departments, security services, local authorities, police forces and litigants in person. The subjects mediated cover almost every sector of business and law. Some examples include; all aspects of company and commercial / construction / finance and banking / employment / group actions / insurance / pensions / probate and trusts / professional negligence / property / regulatory and workplace disputes.

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Our appointments are increasingly from international sources with the number growing each year. Instructions from lawyers, clients and governments along with training and consultancy means our mediators have worked with over 85 countries worldwide. Following the implementation of the European Mediation Directive we took the decision to recognise the mediators experience and to offer our services to a wider audience who may wish to take advantage of the combined expertise in the growing areas of international, cross border and multiparty disputes. Our international presence has been recognised by the international directory Who’s Who Legal who named us Mediation Firm of the Year 2019 at their awards ceremony in May 2019. Bill Marsh was awarded Mediator of the Year 2019 at the same ceremony.

Contact Us: Telephone: 020 7127 9223 Email: imoffice@independentmediators.co.uk Website: www.independentmediators.co.uk

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Four Simple Measures to Reduce Workplace Conflicts Cara de Lange, Burnout Expert, Speaker, Founder & Author of Softer Success ave you noticed conflict in your workplace? Cara de Lange, Founder & CEO of Softer Success explains how conflict can be avoided. Research shows us that some degree of conflict in organisations is inevitable because we’re all human with differing backgrounds and priorities. But we can all play our part in reducing both the level and impacts of workplace conflict. The negative effects of workplace conflicts include reduced productivity, project failure, absenteeism, higher staff turnover and also emotional stress. Conflicts with managers or co-workers frequently top the list of reasons why employees leave a job which can have serious implications for a business. Research suggests it can cost thousands per employee due to a decrease in output, additional training and resourcing. It can also put remaining employees under additional pressure. A 2015 survey by the CIPD (Chartered Institute of Personnel and Development) 1 found that four in ten UK employees had experienced some form of interpersonal conflict at work during the previous year and often this was with a staff member who was senior to them. Such conflict can be very stressful, demotivating and in extreme cases result in burnout. A Deloitte study in January 2020 2 noted that presenteeism (working when unwell and being unproductive) and leaveism (working when on leave) are on the rise. Often people are reluctant to set boundaries and to say no as they’re afraid of their manager, afraid for their job security. Being surrounded by conflict, being a victim of conflict can place enormous emotional pressure on us which can lead to further conflict until it becomes a vicious circle. It’s vital that organisations create a healthy work environment where people feel respected and can be themselves and one of the best ways to achieve this is to invest in training programs to encourage good communications and open and honest discussions. Meanwhile here are my top tips that YOU can use to reduce the level of conflict in your workplace and, at the same time, protect your own wellbeing: • Be Kind in your communications: Rumi, the Sufi poet writing in the 12th Century, advised that before we say anything we ask ourselves Is it Necessary, Is it True, Is it Kind.

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Remember we’re all different. Be aware of personality clashes. 49% of workplace conflict can be attributed to personality clashes. • Get enough sleep. When we’re sleep deprived we’re more likely to lose our temper which can cause conflict. • Think before you act - Avoid knee jerk reactions - Put yourself in the other person’s shoes before you respond and try to see the situation from their perspective. If you need further advice or feel that your organisation would benefit from workshops on avoiding and managing conflict contact us at Softer Success here: info@softersuccess.com

Cara de Lange Burnout Expert, Speaker, Founder & Author of Softer Success Cara de Lange is an international burnout expert, speaker and founder and author of Softer Success, empowering some of the world’s leading organisations and their employees to proactively prevent burnout. Cara’s powerful programme ‘Prevent Burnout, Find Balance’ enables individual clients and corporate teams to create a more harmonious, peaceful and productive life. Cara is a sought-after keynote speaker on the subject of burnout and has been invited to speak at organisations such as Google, Box and European Women in Tech. Her book Softer Success: Prevent Burnout, Find Balance and Re-Define Your Success, published in 2019 is available via Amazon, Waterstones and Barnes & Noble. www.softersuccess.com Chartered Institute for Personnel and Development. (2015). Getting under the skin of workplace conflict: Tracing the experiences of employees. Download available at: https:// www.cipd.co.uk/knowledge/fundamentals/relations/disputes/employee-experiences-report 2 https://www2.deloitte.com/uk/en/pages/consulting/articles/mental-health-andemployers-refreshing-the-case-for-investment.html accessed March 3rd, 2020 1


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How learning to have challenging conversations can transform your organisation By Mia Forbes Pirie Learning to have challenging conversations improves everything Inability to have difficult conversations is one of the most significant issues that gets in the way of good leadership. Beyond leadership, it also affects our productivity, our culture, our ability to develop strong and effective teams and our ability to have real diversity in organisations. It may even help prevent nuclear disasters. The Chairman of the Commission investigating the Fukushima nuclear incident focused on “mindset” as an underlying cause. Based on his views it would not be much of a stretch to say that the inability to have challenging conversations in Japanese culture was partially responsible for the disaster. This is not limited to the Japanese context. In 1979 the US Commission investigating the Three Mile Island nuclear incident found that “fundamental problems are people-related problems and not equipment problems (…) there are deficiencies in various processes, and there is a lack of communication among key individuals and groups.” Poor communication can result in disaster.

The best results require people to be able to challenge each other appropriately The best results come from organizational cultures where people know how to challenge each other appropriately and feel comfortable doing that. The best teams communicate well and give and receive great feedback to help them grow both individually and collectively and develop the best results. The best ideas do not consistently come from everyone agreeing with the first (or loudest) suggestion put forward. A recent Google study found that the most important factor in highly performing teams is psychological safety – feeling that you can speak freely and will not be blamed or shamed. This is a question of mindset. Psychological safety needs to be balanced with an appropriate sense of accountability and responsibility. Otherwise the result is apathy. We want to develop a collegiate environment focused on results through collaboration. Being able to give and receive constructive feedback is essential to growth and improvement. The skills involved in having difficult conversations are key to that.

The cost of avoiding conversations Most of us instinctively shy away from difficult conversations. Many managers, and some HR professionals, do not have the skills or confidence to have effective difficult conversations. They either avoid them or have them badly. Handled badly, a difficult conversation can lead to resentment and disharmony. If a difficult issue is not properly resolved those involved can experience stress and anxiety, affecting the quality of their work and leading to increased absenteeism (not to mention the knock-on effect on the rest of the team). For example, let us say that an employee has asked for a promotion and you need to tell them that this is not possible right now. The conversation does not go well, or you do not have it at all. Not only

Mia Forbes Pirie is a mediator, executive coach and trainer. She works with teams, directors and boards restructuring organisations, and individuals in conflict. Mia helps people to work better together and communicate under pressure. In addition to commercial clients, she has worked with MPs, governments, religious organisations, NGOs, and charities. Mia provides training online and in person. For more information see: www.miaforbespirie.com

does the employee feel under-appreciated and personally rejected, they feel you do not care about their professional development (a view they share with their colleagues). They feel demoralised and their productivity suffers. Colleagues notice and resent having to pick up the slack. Stress levels increase and the working environment becomes unpleasant. Effective feedback is a key to growth and results. Most organisations just do not have the skills to give it. If people are too ‘nice’ to each other (what Kim Scott calls ‘ruinous empathy’), they can be ineffective, not grow and end up acting defensively and not taking responsibility. If feedback is too harsh and critical, on the other hand, they shut down becoming either aggressive and argumentative or passive. It does not need to be that way. Difficult conversation skills and feedback skills can be learnt.

The opportunities What if your managers had a toolkit that allowed them to handle situations differently? What if they were comfortable having those conversations, knowing that it is possible to achieve a positive futurefocused outcome where all parties feel heard, respected and valued? With strong people skills in place, and a culture that the whole organisation believes in, it is possible to deal with difficult situations and achieve a positive outcome that draws people together and builds trust instead of pulling teams apart. The truth is that difficult conversations can be empowering conversations. Conversations that might have been avoided in the past can be positive catalysts for shared understanding and mutual respect. When you look at it that way they feel far less daunting. The key lies in giving people the skills they need to get the best possible results out of difficult conversations. Successful conversations help people to develop trust in each other. That leads to virtuous circles: psychological safety, development, improved feedback loops and better results. First help people to understand why it is important to have these conversations. Then give them the training they need to create a safe environment and hold successful conversations that lead to positive outcomes. Who knows, you may not just avoid nuclear disasters in your organisation but also see a better culture developing with better results across the board.

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My top tips for new Mediators By Irene Grindell have been training mediators for 20 years, I thought you might be interested in learning about some of my tricks that seem to really help when you start mediating. I use lots of tried and tested models and one or two I came up with myself such as the Responsibility Ball. My top 3 are: 1. Note taking that supports you the mediator, the party and the process. Most trainers encourage their delegates to capture what the party shares so they can summarise and bring clarity to the situation.

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ourselves and our party. Once we have summarised their position, we then want to draw an imaginary line between the position and their interest, which is normally the thing they actually want, such as their colleague moved out of the team or even fired sometimes. You have to explore what they say they want and its always useful to elicit information from them about the impact that the conflict has had on them (you can use this later as leverage if they get stuck). So in your notes you have now 3 clear headings, their Position, their Interest and the impact of the conflict and finally what they need from the mediation. What do they Need to get from the mediation? This is your fourth and most crucial heading as this is what reframes the conflict from the past into clarity about their future needs. Once you have that golden nugget, you can help them to plan out what actions they might have to take to get their needs met. They can generate Options and you can reality test to your hearts content. 2. The PAC Model from Transactional Analysis

Transactional Analysis Adapted from the 4 Elements of Principled Negotiation in GETTING TO YES: Negotiating Agreement without Giving In Penguin, 2nd edition,1991 by Roger Fisher, William Ury and Bruce Patton The PIN model is my bible, Position, Interest and Needs at the bottom of the triangle from Fisher and Ury. When we meet the party for the first time, we ask them to tell us about their situation which is in actual fact, their position, normally dogmatic, full of judgements and plenty of blame. In my experience, parties can be quite resistant at this point and we have to use our wonderful skills of listening, empathising, gentle curious questioning and building trust between

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The Ego state model (PAC) P

If I am Behaving, thinking and feeling in a way that is copied from parents or parent figures, I am said to be in my Parent ego-state. (emotional state)

A

Behaviours, thoughts and feelings which are direct responses to the here and now. Using all the resources that are available to me as a grown up person.

C

Behaviours, thoughts and feelings replayed childhood. (emotional state)

from


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going around in circles and get out of their own way, they have a new perspective and so can now see a way out. TA rests upon certain philosophical assumptions.

Ego-State Model 2 CP

CP

NP

NP

Critical Parent/ Nurturing Parent

A

A

Adult- Responding from a rational place. Controlled, and logical state.

NC

NC

CC RC

CC RC

Natural Child Rebellious Child/Compliant Child responding from an emotional position

I love TA, it gets straight to the heart of the matter in a heartbeat. You can see which ego state your parties are stuck in. I use the model in its simplest form, when people are communicating with each other they can slip into roles which tend to be almost hot wired into our brains. When one person behaves/talks like a parent the other tends to respond from child, and vice versa. People can get stuck into these patterns without any awareness- until they see the model. Learning to communicate from ADULT state is an essential for all mediators and then you are the role model for your parties, however it is an ongoing learning process that can take some time to master. Always be overt and honest when using TA, explain the model and ask the party if they can identify their own behaviour. Don’t challenge them if they can’t take ownership as self-awareness is the key here. One of the first EQ components is self-awareness, we can’t regulate our behaviour if we don’t recognise what we are doing. TA speaks in familiar language, Parent, Adult, Child. Although the language is simple, the theory is profound and powerful. I have seen people have those wonderful transformation moments and actually take responsibility whilst looking at the model. They don’t feel blamed or judged as you have normalised the behaviour and they can now make sense of it and therefore feel motivated to move from their previously stuck position. You can now start reframing the conflict from the past, into exploring what they need going forward. Once people stop

People are OK Everyone has the capacity to think People decide their own destiny and these decisions can be changed

My responsibility Ball

A child’s toy that I use to help mediators grasp the concept of responsibility or ownership. If we can imagine that the ball belongs to the party, the issue is theirs. The party however will want the mediator to take ownership of the ball and fix their problem. I stand the new mediators round me in a circle and one by one throw the ball to each of them in turn using a well heard quip such as “How are you going to fix this?” its normal for the mediator to panic a little as they want to help and start feeling that burden of holding the responsibility for the party. This little exercise helps mediators to bring it to life, to grasp the “problem” and then find a way to hand back the ball to the party with empathy and understanding but making the boundaries clear. We cannot fix their problem. Our role is to help them get a new perspective and with clarity and new energy explore options they would not have considered previously. We can help them to have a safe joint session putting their needs forward and accepting some ownership for the dispute. A strong mediator feels confident handing back the “ball” as they understand that people are equipped to fix their problems given a safe platform and a facilitated process. By throwing the ball back to me in the training room, the new mediators let go of holding ownership for the problem and find it much easier when they get mediating live situations. And finally a little gem that works a treat is likening mediating to a fried egg. The yolk in the middle is the process. It’s the principles, the framework and the method. The white however is what you bring, your character, your wisdom, your unique you-ness. Don’t try to be like your trainer or someone else from your course, just be you, congruent, honest and kind. If you can’t be kind, be compassionate and if you can’t be either your yolk will get you through but isn’t it nice to have all the egg?

image: Freepik.com

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MEDIATION PROVIDERS

CONSENSIO t: +44 (0)20 7831 0254 e: alex.efthymiades@consensiopartners.co.uk w: www.consensiopartners.co.uk a: 30 Niton Street, London, SW6 6NJ Contact: Alex Efthymiades Consensio is a leading workplace mediation provider, helping organisations to manage workplace conflict. Our services include: 1) mediation and conflict resolution training ranging from taster events to accredited training, 2) external mediation services for two-party and team disputes, 3) conflict coaching and 4) consultancy services to transform organisational responses to conflict.

FOCUS MEDIATION t: +44 (0)1908 231 132 e: mary@focus-mediation.co.uk w: www.focus-mediation.co.uk Contact: Mary Banham-Hall Focus Mediation is a CMC Registered Provider, established in 1999 we cover the whole of the UK and handle all types of mediation cases.. We have a team of fully accredited Workplace, Civil/ Commercial and Family mediators with a wide range of professional backgrounds, ensuring you can choose the right specialist mediator for your dispute. We can help with all types of workplace and employment problems, our team have handled cases involving from 2 to 50+ people and can tailor the right programme to meet your needs saving you management time and costs...

GARDEN COURT MEDIATION t: +44 (0)20 7993 7600 e: mediationclerks@gclaw.co.uk w: gardencourtmediation.co.uk a: 57-60 Lincoln’s Inn Fields, London WC2A 3LJ Contact: Lavinia Shaw-Brown We offer a flexible, high-quality mediation service from the initial inquiry through to facilitating agreement. We have a team of experienced, professional mediators with the interpersonal skills to suit all civil, commercial, workplace and family disputes. Our aim is to help you find a resolution to the dispute quickly and effectively.

IN PLACE OF STRIFE t: +44 (0)333 014 4575 e: info@mediate.co.uk w: www.mediate.co.uk a: International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU Contact: Joanne Claypole Leading UK and International Mediation Chambers established in 1995. Handling civil, commercial, family, workplace and employment disputes. Our mediators have, between them, mediated thousands of disputes and many of our members are recognised as expert mediators by the legal directories. In addition, we offer a full case administration service; from helping the parties select a mediator to arranging the date, venue and paperwork necessary to make your mediation as smooth and as successful as possible.

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INDEPENDENT MEDIATORS

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t: +44 (0)20 7127 9223 e: imoffice@independentmediators.co.uk w: www.independentmediators.co.uk Launched in 2007, Independent Mediators (IM) is a leading UK and international mediation chambers. IM were awarded Who’s Who Legal Mediation Firm of the Year 2019 in May 2019. We manage the practices of nine of Europe’s leading full-time civil and commercial mediators; Charles Dodson, Phillip Howell-Richardson, Kate Jackson, Michel Kallipetis QC, Jonathan Lloyd-Jones, Mark Lomas QC, Bill Marsh, Andrew Paton and Nicholas Pryor. All nine mediators feature in the top tiers of the leading legal directories. They have mediated in excess of 8,500 matters between them in their careers. The commercial disputes mediated range in value from tens of thousands to multi-billion pounds and include almost every sector of business and law with parties from all over the UK and internationally.

JAMS INTERNATIONAL t: +44 (0)20 7583 9808 e: mrushton@jamsadr.com w: www.jamsadr.com JAMS is the world’s largest private provider of ADR services with a caseload of around 15,000 disputes a year. Its London office provides arbitrators and mediators for cross-border and UK domestic disputes as well as administering international arbitrations in various sectors.

KINGSWAY LAW t: +44 (0) 7825 894 893 e: larry.george@kingswaylaw.uk w: linkedin.com/in/larry-george-b9114a46 w: P.O. Box 516, Cambridge CB1 0BD Contact: Larry George Qualified Barrister; CEDR accredited mediator, 2010. Larry has 30+ years of experience as a commercial legal adviser advising on corporate and commercial matters. He has specialised in the oil business including oil trading but also has a great deal of experience in general commercial areas including in contracts, terms of trade and related disputes. Mediation experience includes franchising, engineering contracts and professional negligence. Larry has wide international experience and is a fluent Russian speaker.

PROMEDIATE (UK) LIMITED t: +44 (0)20 3621 3908 w: www.promediate.co.uk ProMediate provides mediation for the whole range of civil and employment disputes as well as being a CMC Registered Training Provider. We also resolve disputes between traders and consumers under the ADR Regulations. We have a panel of over 50 mediators available to mediate online by telephone or in person throughout the UK and in the EU.

ROGER LEVITT t: +44 (0)7776 141 717 e: roger@rogerlevittmediation.co.uk w: www.rogerlevittmediation.co.uk I undertake all types of commercial mediation including: Property, Construction, Partnership, Corporate, Professional Indemnity, Insurance Financial & Wills. Member of Civil Mediation Council Registration Committee. I’m approaching 100 mediations.

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@UKMediationJournal

STILLHR t: +44 (0)7932 762 448 e: robert@stillhr.com w: www.stillhr.com Contact: Robert Still Qualified workplace and team mediators. Robert Still FCIPD, Leye Oladapo and Paula Symons. Over 10 years’ experience across the UK and Europe. CMC Registered Mediation Provider 2019. Resolving individuals and team conflict.

SHERIDAN RESOLUTIONS LTD

Mediation

Conflict Resolution Creating Happier Workplaces Employee Relations Mediation Facilitation Conflict Resolution Training

Mental Health & Well-Being Respect, & Inclusion ‘WorkingDiversity with individuals and

organisations to improve their workplaces and working relationships’

t: +44 (0)20 3753 5350 e: c w: www.sheridanresolutions.com Contact: Caroline Sheridan Caroline is a leading mediator recognised in both the Chambers UK and Legal 500 directories and her company Sheridan Resolutions Ltd was this year recognised as a best practice provider of mediation and leadership development services in the Law and Justice edition of the Parliamentary Review. Chair of the CMC’s Workplace and Employment Group, Caroline is also personally in demand as an Executive Coach and Supervisor as well as running a leadership development consultancy which is ILM Approved delivering leadership and management, coaching and mentoring qualifications to levels 3, 5 and 7.

THE TCM GROUP t: +44 (0)20 7092 3186 e: david.liddle@thetcmgroup.com w: www.thetcmgroup.com TCM are a leading provider of conflict management, mediation, HR and leadership training and consultancy. We deliver tangible benefits to our customers by transforming conflict and change from a threat into an opportunity. For more details, please Read Managing Conflict (Kogan Page/ CIPD) available from https://amzn.to/2tOlIvP written by TCM’s CEO David Liddle.

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www.stillhr.com Call Robert Still: 07932 762448 UK coverage with centres in London and Yorkshire


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@UKMediationJ

MEDIATION TRAINING PROVIDERS CONSENSIO t: +44 (0)20 7831 0254 e: alex.efthymiades@consensiopartners.co.uk w: www.consensiopartners.co.uk a: 30 Niton Street, London, SW6 6NJ Contact: Alex Efthymiades Consensio is a leading workplace mediation training provider, helping organisations to manage workplace conflict. Our services include: 1) mediation and conflict management training, ranging from taster events to accredited training, 2) external mediation services for two-party and team disputes, 3) conflict coaching and 4) consultancy services to transform organisational responses to conflict.

PROMEDIATE (UK) LIMITED t: +44 (0)20 3621 3908 w: www.promediate.co.uk ProMediate provides mediation for the whole range of civil and employment disputes as well as being a CMC Registered Training Provider. We also resolve disputes between traders and consumers under the ADR Regulations. We have a panel of over 50 mediators available to mediate online by telephone or in person throughout the UK and in the EU.

STILLHR t: +44 (0)7932 762 448 e: robert@stillhr.com w: www.stillhr.com Contact: Robert Still Facilitated Conversations and Mediation Skills; delivered in-house by qualified and practicing workplace mediators, tailored to client organisational context, includes role play simulations using professional actors.

Mediation

Conflict Resolution Creating Happier Workplaces Employee Relations Mediation Facilitation Conflict Resolution Training

Mental Health & Well-Being Respect, & Inclusion ‘WorkingDiversity with individuals and

organisations to improve their workplaces and working relationships’

THE TCM GROUP t: +44 (0)20 7092 3186 e: david.liddle@thetcmgroup.com w: www.thetcmgroup.com TCM are a leading provider of conflict management, mediation, HR and leadership training and consultancy. We deliver tangible benefits to our customers by transforming conflict and change from a threat into an opportunity. For more details, please Read Managing Conflict (Kogan Page/ CIPD) available from https://amzn.to/2tOlIvP written by TCM’s CEO David Liddle.

www.stillhr.com Call Robert Still: 07932 762448 UK coverage with centres in London and Yorkshire

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@UKMediationJournal

INTERNATIONAL MEDIATION PROVIDERS CONSENSIO t: +44 (0)20 7831 0254 e: alex.efthymiades@consensiopartners.co.uk w: www.consensiopartners.co.uk a: 30 Niton Street, London, SW6 6NJ Contact: Alex Efthymiades Consensio is a leading workplace mediation and conflict management provider, supporting organisations to informally manage workplace conflict in the UK, Europe and Asia.

IN PLACE OF STRIFE t: +44 (0)333 014 4575 e: info@mediate.co.uk w: www.mediate.co.uk a: International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU Contact: Joanne Claypole Leading UK and International Mediation Chambers established in 1995. Handling civil, commercial, family, workplace and employment disputes. Our mediators have, between them, mediated thousands of disputes and many of our members are recognised as expert mediators by the legal directories. In addition, we offer a full case administration service; from helping the parties select a mediator to arranging the date, venue and paperwork necessary to make your mediation as smooth and as successful as possible.

INDEPENDENT MEDIATORS t: +44 (0)20 7127 9223 e: imoffice@independentmediators.co.uk

w: www.independentmediators.co.uk

Launched in 2007, Independent Mediators (IM) is a leading UK and international mediation chambers. IM were awarded Who’s Who Legal Mediation Firm of the Year 2019 in May 2019. We manage the practices of nine of Europe’s leading full-time civil and commercial mediators; Charles Dodson, Phillip Howell-Richardson, Kate Jackson, Michel Kallipetis QC, Jonathan Lloyd-Jones, Mark Lomas QC, Bill Marsh, Andrew Paton and Nicholas Pryor. All nine mediators feature in the top tiers of the leading legal directories. They have mediated in excess of 8,500 matters between them in their careers. The commercial disputes mediated range in value from tens of thousands to multi-billion pounds and include almost every sector of business and law with parties from all over the UK and internationally.

PROMEDIATE (UK) LIMITED t: +44 (0)20 3621 3908 w: www.promediate.co.uk ProMediate provides mediation for the whole range of civil and employment disputes as well as being a CMC Registered Training Provider. We also resolve disputes between traders and consumers under the ADR Regulations. We have a panel of over 50 mediators available to mediate online by telephone or in person throughout the UK and in the EU.

THE TCM GROUP t: +44 (0)20 7092 3186 e: david.liddle@thetcmgroup.com w: www.thetcmgroup.com The TCM Group designs and delivers award winning mediation, conflict management, employee relations and leadership consultancy in the UK and globally. We can deliver assignments across the world, often at short notice. Our fully accredited mediation, investigation and leadership training programmes can be adapted to meet your political, legal or cultural context. Our highly experienced tutors, mediators and facilitators are available to support you at every stage of your resolution journey plus, we apply industry leading technology to support our assignments. Please contact us now on +44 207 092 3186 for more information and a no obligation discussion.

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“Thought provoking, funny, and ridiculously helpful to mediators and those involved in mediation” Mark Fitch, Mediator and Author

With a cast of characters that includes a fat cat, seventeen camels, and a man with 83 problems, and drawing inspiration from quantum physics, research on risk aversion and modern linguistic theory, this book is essential reading for mediators, mediation advocates and negotiators.

ZEN AND THE ART OF MEDIATION by Martin Plowman.

From one of the UK’s busiest mediators. Based on over a thousand successful mediations!

£19.99 paperback, £15.99 in kindle format, available from amazon

TRAIN TO BECOME A CIVIL & COMMERCIAL MEDIATOR WITH UCLAN’S AWARD WINNING CENTRE FOR MEDIATION

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ICONIC MEDIA SOLUTIONS

Our live events portfolio of conferences and exhibitions brings together leading Government officials, trade organisations, business leaders, industry experts, thought leaders and trade associations. Amassing the most relevant and high profile delegates, our events offer highly targeted environments to network and conduct business. Whether you would like to find out more information about scheduled events or would like to discuss event partnerships please get in touch.

t: +44 (0)20 3693 1940 t: Journal, +44 (0)20 20 20UK Mediation Issue 9 3693 1940 e: info@iconicmediasolutions.co.uk www.iconicmediasolutions.co.uk w: www.iconicmediasolutions.co.uk

Profile for Iconic Media Solutions

UK Mediation Journal Issue 10  

The UK Mediation Journal is the UK’s leading mediation publication, advocating the benefits of mediation in business, politics and the publi...

UK Mediation Journal Issue 10  

The UK Mediation Journal is the UK’s leading mediation publication, advocating the benefits of mediation in business, politics and the publi...

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