A study into the role and impact of workplace mediation within Local Government. January 2014

Transcription

1 A study into the role and impact of workplace mediation within Local Government. January 2014 A joint research initiative from

2 Table of Contents Foreword: David Liddle, President of the PMA... 3 Foreword: Sarah Messenger, Head of Workforce at LGA... 4 Executive Summary... 5 To what extent does mediation feature within local government?... 6 What are the benefits of mediation?... 8 How long have local authorities have been using mediation? Does mediation feature as part of grievance policies? Case study: Southend on Sea Borough Council Who mediates within local authorities? Case studey: Oxfordshire County Council How are internal mediation schemes promoting mediation? What types of disputes are being mediated? How many cases are referred to mediation? How is a successful mediation defined? Case study: Bath & North East Somerset Council What are the success rates of mediated cases? How long is support provided to the parties once mediation concludes? Case study: London Borough of Newham What is the sustained effectiveness of mediation? What actions are taken if a situation deteriorates post mediation? Conclusions and recommendations P a g e 2

3 Foreword David Liddle, President of the PMA The past 20 years has seen a significant rise in the use of mediation across all walks of life. From matrimonial disputes to commercial disputes; community conflict to workplace grievances, mediation offer the disputing parties a constructive and powerful alternative to formal and often adversarial processes. The rapid transformation of dispute resolution processes within local government - in favour of dialogue and collaboration - is symptomatic of a wider trend across British society. Adversarial justice procedures, whilst having an important part to play in civic society, do not offer the most effective route to resolution in a great many situations. Since the early 1990s, local authorities have actively supported community mediation and restorative justice programmes. More recently, as this report clearly demonstrates, local authorities are now turning to mediation to resolve disputes that occur within their own organisations. Mediation is becoming embedded within the policy frameworks, the systems and the cultures of local authorities and it is encouraging to read that a third of authorities who participated in the survey are considering reviewing their grievance procedure and replacing it with a more progressive Model Resolution Policy. The PMA is proud to partner with the LGA to evaluate the use of mediation within Local Government. The PMA is the independent professional body for all mediators in the UK. The PMA provides its growing membership with professional standards, training accreditation, regional networking events, professional development opportunities and professional research services. For more details about the PMA, please visit or admin@professionalmediator.org. P a g e 3

4 Foreword Sarah Messenger, Head of Workforce at LGA The LGA welcomes the research finds and recognise that this is an area of growing interest for local government and other public sector employers. We support the use of mediation within local government as an effective means of resolving complaints, managing change and handling workplace disputes. There are also potential savings to be gained by using workplace mediation primarily by avoiding expensive internal grievance procedures or employment tribunals. However, less quantifiable benefits may also be realised by the creation of improved employee relations climate which can lead to increased productivity. In addition, mediation can be a key element in the overall package of measures that local authorities are using to improve employee engagement. We hope you find this research useful and as always welcome any feedback in response to this survey. P a g e 4

5 Executive Summary This research has been undertaken to assess the current use of workplace mediation within local authorities across the UK. It is the first attempt to evaluate the use of this new approach and the data is fascinating. The use of mediation is widespread with over 90% of local authorities now using mediation regularly to resolve disputes, grievances and other conflicts. The benefits of mediation are widespread and the research suggests that mediation is saving local authorities considerable levels of time and money. This is a critical benefit during a sustained period of austerity and financial uncertainty. For any local authority mediation scheme to be effective, it is critical that the service is communicated clearly and effectively to all employees. We have gathered evidence of the significant role and impact that mediation has played in numerous local authorities. Mediation has successfully helped to resolve a variety of different disputes and difficult situations and is reported by local authorities to have helped reduce levels of formal grievances and absence due to stress or stress-related illnesses as well all helping to improve staff satisfaction and performance. There is a need for a wider and more coherent programme of awareness raising and communication about the nature and benefits of mediation. Unions appear to be supporting this new approach and this support needs to be cemented and used to make mediation more widely to individuals at the earliest stage of a conflict or dispute. One interesting development is in the area of grievance policies. 30% of respondents are currently reviewing their grievance procedures with a view of introducing a Resolution Policy with mediation and early resolution more prevalent and accessible. This is a potential Zeitgeist moment in the development of mediation in the UK. Mediation is becoming increasingly accepted as a process which delivers just and fair outcomes and one which offers a viable alternative to formal processes. With a joined up and coherent response at a national, regional and local level, local authorities and their employees will increasingly benefit from all that mediation has to offer. P a g e 5

6 To what extent does mediation feature within local government? 92% of authorities who participated in the research reported that their organisations are currently using mediation. 75% of local authorities feature mediation within their grievance procedures. Do you currently use mediation within your organisation? Yes No Not sure 2% 6% 92% In 2011, the Chartered Institute of Personnel & Development (CIPD) reported that 57.3% of respondents were using mediation 1 a third less than that reported by local authorities in this research. This information, combined with the fact that most local authorities not currently using mediation are considering introducing it in the next year, demonstrates that mediation is playing a significant and ever increasing role across local government. 1 Conflict Management Survey Report, CIPD, 2011: P a g e 6

7 We train and coach our managers to mediate difficult situations. The aim is for managers to deal with conflict more effectively and avoid the need to go into a formal grievance process. Local Authority HR Manager Below are some examples of responses to the question why mediation isn t currently being used: We are looking to implement a mediation scheme in the coming months, currently researching the best approach to training staff. We had a poor experience of a local mediation service some years ago. We would be interested in a professional and focused mediation provision. We benefit from an excellent relationship with the local unions and unsure how mediation would assist us further? P a g e 7

8 What are the benefits of mediation? Over 90% of local authorities suggest that mediation offers a) an effective and b) a credible means of resolving disputes in the workplace (93.9% and 90.9% respectively). Do you agree that mediation has offered you the following benefits? 100% 6.0% 12.1% 9.1% 6.1% 80% 60% 51.5% 45.5% 42.4% 54.6% 40% Strongly disagree Disagree 20% 42.4% 42.4% 48.5% 39.4% Agree Strongly agree 0% Mediation is effective at resolving disputes Mediation delivers good value for money Mediation is a credible way of resolving disputes in our organisation Our unions support the use of mediation Furthermore, 87.9% of respondents believe that mediation delivers good value for money, and 94% of local authorities report that their unions support the use of mediation. Analysis of the benefits of mediation According to the table on page 9, reduced levels of grievances were rated as the most significant benefit that mediation delivers (with an average rating of 2.8). This is supported by CIPD research that found that 63.6% of organisations said that mediation offers the benefit of reducing or eliminating the stress involved in moreformal process. 2 Reduced absence due to stress or stress-related illness was the second most significant benefit (3.44 average rating) and reduced costs to the organisation coming in at third (3.66 average rating). Both of these ratings are once again mirrored by the 2 Conflict Management Survey Report, CIPD, 2011: P a g e 8

9 CIPD which reports that reduced sickness absence and cost avoidance as being the top benefits of mediation (38.1% and 51.7% respectively). According to data collected by OPP and CIPD which suggest that the UK loses 370 million working days to workplace conflict every single year 3, it is comes as little surprise that local authorities consider the reduced levels of formal grievances as the most significant benefit of mediation. Additionally, data from the OPP/CIPD report also reflects local authorities second highest rated benefit of mediation of reducing sickness as 30% of UK employees have seen conflict in the workplace result in absences. 4 From a list of seven possible benefits of mediation, respondents were asked to rank which ones were the most significant and which were the least significant to their local authority. What benefits does mediation offer your organisation? Please rank your answers with 1 being the most significant benefit and 7 being the least. Answer Options Reduced levels of formal grievances Reduction in employment tribunals Reduced absence due to stress or stress related illness Improved staff satisfaction Increased customer experience Increased staff performance Reduced costs to our organisation N/A Rating Average Response Count Fight, Flight or Face It? OPP 2008: P a g e 9

10 How long have local authorities have been using mediation? Over one third (35.1%) of local authorities have been using mediation for over five years, with 16.2% of authorities having introduced mediation within the past three to four years. How long has your organisation been using mediation? Less than one year 8.1% One to two years 13.5% Two to three years 27.0% Three to four years 16.2% Over five years 35.1% 0% 5% 10% 15% 20% 25% 30% 35% 40% Percentage of respondents 58.8% of local authorities explained that they are considering extending the scope of mediation over the next 12 months. This growth of mediation will include: Training of more mediators Training managers in mediation skills Increasing employee awareness about the mediation service Improved employee access to the mediation service Incorporation of mediation into HR policies Expansion of the service to include new groups (e.g. schools) Developing shared mediation services across councils. We are re-launching our mediation service with the aim of improving understanding of the benefits of using mediation at the early stages of conflict. Managers will be able to contact the service directly to assess whether mediation may be appropriate. We are considering training more managers to act as mediators. Managers with the skills to mediate in a range of situations is likely to be of benefit, e.g. in handling customer complaints. P a g e 10 Fiona Percival, HR Policy Manager, Oxfordshire County Council

11 Does mediation feature as part of grievance policies? The majority of local authorities, 75%, stated that mediation is featured in their organisation s grievance policies. Of these there is a wide variety of ways in which mediation is featured. Does mediation feature within your organisation's grievance procedure? Yes No Not sure 23% 2% 75% On one end of the spectrum, some local authorities limit their policies recommendations for mediation. Mediation it is sometimes referred to only as a precursor to formal proceedings and is considered only as part of an informal stage and not as part of the entire proceedings. For example, one respondent explained that: Mediation is an option afforded to employees as a means of informally resolving a grievance before a formal procedure is called upon. However, some local authorities are also making mediation available at any point during grievance proceedings. These organisations are offering mediation to their employees as a means to resolve their disputes before, during, and after formal measures, such as described by this respondent: The Council s Grievance Policy & Procedure makes reference to the use of mediation at all key points and in that respect has a Resolution orientation if not specifically described as such. Nearly a third (29.4%) of local authorities are considering developing a Resolution Procedure as an alternative to their existing grievance procedures. P a g e 11

12 Of the local authorities that do not currently have mediation featured in their grievance procedure (23%), some are actively considering introducing mediation, as explained by the following respondents: There is a policy revision required - mediation in separate dignity at work policy the two policies need to be merged. Mediation is currently offered as a freestanding service. The next update of our grievance procedure will make specific reference to mediation. P a g e 12

13 Case study Southend on Sea Borough Council A trained mediator herself, Liz Farrell, Employee Relations Team Leader at Southend Council recently set up the Council s mediation scheme ago in response to an increase in dignity at work complaints. To date, the Council s internal mediation scheme has successfully resolved all eight cases referred to mediation. Liz explains that, had these cases not been mediated, they could have gone formal. Liz explains that mediation cuts down on the number of investigations and reduces the risk of ET claim. We have a potential savings of over 10,000 just in investigation costs. Southend Council s mediation scheme is receiving very positive feedback from across the workforce. Employees are increasingly engaged with mediation and colleagues are recommending it. Mediation offers a safe environment for people to be able to talk. It makes people feel valued [and] that their relationship is important, shares Liz. When asked whether she has advice for other local authorities considering setting up an internal mediation scheme, Liz says: We have a potential savings of over 10,000 just in investigation costs. It s definitely worth it, we have seen a reduction in complaints. Make sure that you have the right people mediating, get senior managers on board and secure the buy-in of your unions. and what will be fed back to them. Protect the voluntary nature of mediation and ensure that parties buy-in to it voluntarily. P a g e 13

14 Who mediates within local authorities? On a scale of least common (1) to most common (7), trained internal mediators are the most likely to be mediating disputes within local authorities with an average rating of Following this in order of likelihood are: Human Resources (4.59), external professional mediators (4.38), managers (3.19), and LGA mediators (3.0). Who mediates in your organisation? Please rank your answers with 1 being the 'least common' and 7 the 'most common'. A Partner Organisation Unions Managers 3.19 Human Resources Team 4.59 LGA Mediators 3 External Professional Mediators 4.38 Trained internal mediators Supporting this data that the most likely mediators are trained internal mediators is the fact that 51.2% of local authorities have set up internal mediation schemes within their organisation. According to the Professional Mediators Association, an internal mediation scheme is a structured mediation service comprising a team of trained internal mediators and which is centrally managed by a scheme co-ordinator. Have you set up an internal mediation scheme within your organisation? Yes No Not sure 4.9% 43.9% 51.2% P a g e 14

15 In CIPD s 2011 Conflict Management Survey Report, 42.4% of respondents reported the use internal mediation 5, 8.8% less than the 51.2% of local authorities using internal mediation, thus demonstrating that local government is more likely to be using mediation than other sectors. These local authority mediation schemes are predominantly co-ordinated by Human Resources (84%). The remainder of local authority mediation schemes are coordinated by Occupational Health (5.26%), Learning & Development (5.26%), or are out-sourced to an external provider (5.26%). For local authorities both with and without internal mediation schemes, managers are listed as the 4 th most likely person to be mediating (3.19 average rating). However, both types of organisations are more likely not to have trained their managers in the skills of mediation. Have you trained any of your managers in mediation skills? Internal Mediation Scheme No Internal Mediation Scheme Yes 40.0% 31.3% No 53.3% 56.3% I don t know 6.7% 12.5% Of the 58.8% of local authorities considering extending the use of mediation (see page 10), over half (57.1%) said that they are planning on extending their training to include managers. Their reasons behind extending mediation training to their managers included: To be able to facilitate in disputes between their staff. To be effective in their management roles. To help managers develop [the] skills to mediate difficult situations in their teams and to use mediation earlier in the process so as to avoid grievances. This feedback is echoed by the joint OPP and CIPD research which found that 70% of employees believe that leadership skills of conflict management are very or critically important. Furthermore, this research found that 27% of all surveyed believe that it is the ultimate responsibility of managers to ensure that workplace conflict is managed more effectively and 40% of employees believe that managers can do this by acting as mediators when conflict arises. 6 5 Conflict Management Survey Report, CIPD, 2011: 6 Fight, Flight or Face It? OPP 2008: P a g e 15

16 Case study Oxfordshire County Council Since 2009/10, Oxfordshire County Council has been offering mediation to all of its employees. Katherine Snowdon, Manager of Staff Care Services, explains that mediation was brought in to restore relationships where they had fallen apart due to formal processes. Mediation, however, is now used not only to resolve workplace disputes but also as part of addressing bullying and harassment, performance management, return to work plans and as part of reintegration after disciplinary hearings or appeals. Katherine had no trouble gaining support for their mediation service, in particular from HR who she describes as being overjoyed by the introduction of mediation. Katherine thinks that mediation is a brilliant process and explains that mediation s positioning within Counselling Services is a good fit as it acts a very powerful tool for well being. In 2012, the Council mediated 11 cases, nine of which were successfully resolved (81.8% success rate), and 100% of which all had a sustained agreement three months after mediation. Katherine says that, of these mediations, two were second attempts at the process because both of these disputes had been allowed to fester and were not nipped in the bud. To Katherine, this demonstrates the need to provide mediation opportunities as early as possible to allow for a greater chance of success. Mediation is starting to become part of the fabric of the organisation. The Council has recently produced a new grievance policy which is now emphasises the early resolving of disputes rather than relying on the submitting of grievances. This new policy promotes mediation and sets clear expectations for mangers to resolve disputes early and to take a greater responsibility in doing so. In line with this, the organisation has recognised that managers are an important step in employees knowing and understanding their rights to access mediation. Oxfordshire County Council is now finding that those who have been through mediation are keen to promote its benefits to their colleagues. These word-ofmouth testimonials are really useful in helping people who don t understand the process of mediation to engage with it. As a result, Katherine explains that mediation is starting to become part of the fabric of the organisation. P a g e 16

17 How are internal mediation schemes promoting mediation? The most common means by which local authorities with internal mediation schemes promote their services is via the use of an intranet site and through awareness raising events for managers (60% of respondents each). Other means by which local authorities are promoting their mediation scheme include, in order of popularity: Leaflets (35%) Presentations to team meetings (25%) Human Resources (team members, procedural interventions) (15%) Posters (15%) Three-quarters of local authorities are also signposting their employees to mediation via their grievance procedures and, of those that do not, many are considering incorporating mediation in the near future. P a g e 17

18 What types of disputes are being mediated? Mediation is best known for helping resolve disputes between individuals, and this is reflected by the data which shows that 95.2% of local authorities using mediation are doing so to resolve 2-party disputes. Mediation is next most utilised by local authorities as part of addressing bullying and harassment at work (59.5%), followed by 47.6% of local authorities using mediation to resolve team disputes. How is mediation currently being used? As part of reintegration after disciplinary As part of return to work plans As part of performance management As part of addressing bullying and harassment Resolving complaints against your organisation Resolving inter-agency or partnership disputes Resolving disputes betw. elected members and Resolving collective disputes involving unions Resolving team disputes Resolving individual (2 party) workplace disputes 33.3% 26.2% 19.0% 59.5% 11.9% 11.9% 2.4% 7.1% 47.6% 95.2% 0% 20% 40% 60% 80% 100% Percentage of respondents Beyond workplace disputes and bullying and harassment claims, mediation is also used to address a variety of other issues. Mediation is called upon to assist with other employee-related concerns. A third of local authorities are using mediation to help facilitate the reintegration of employees following disciplinary hearings and appeals and 26.2% use mediation as part of their return to work plans. Additionally, nearly a fifth of local authorities (19.1%) bring mediation into play to help assist with performance management. This mediation activity is reflected by the OPP s research in which bullying and harassment and poor performance management are the causes of 14% and 13% (respectively) of workplace conflict. 7 Furthermore, some local authorities are using mediation to help not just with employee relations but also higher level conflicts. 11.9% of local authorities report using mediation to resolve inter-agency disputes and to address complaints made against their organisation. 7 Fight, Flight or Face It? OPP 2008: P a g e 18

19 How many cases are referred to mediation? When asked about the number of cases referred to mediation in the last 12 months, a majority of local authorities (42.9%) reported that they have referred between zero and five cases, and nine local authorities (25.7%) reported between six and ten referrals. How many cases did your organisation refer to mediation in the past 12 months? Please include internal and external mediations. Percentage of respondents Not monitored More than % 2.9% 0.0% 2.9% 0.0% 0.0% 2.9% 0.0% 8.6% 11.4% 25.7% 42.9% While the majority of local authorities have referred ten or fewer cases to mediation in the past year, a couple of outliers have referred between and cases to mediation. According to research undertaken by Acas, just under three quarters of commissioners reported that the main objective of mediation was to improve working relationships between individuals. The next most commonly cited reason was to manage staff absence, twelve per cent - including both facilitating a return to work and preventing a long-term absence. Preventing an Employment Tribunal case was selected as the main objective of the mediation by eight per cent of respondents. P a g e 19

20 How is a successful mediation defined? Before examining the success rates of mediation cases referred by local authorities, it is important to first determine how local authorities define a successful mediation. The most prominent definition of a successful mediation by local authorities is one that results in a written agreement or resolution (29.5%). This definition of success demonstrates a strong desire by local authorities that their employees workplace disputes are resolved with an outcome that is non-binding yet is recorded and sustainable. 25% of respondents described a successful outcome as rebuilding the relationship indicating that those local authorities are keen for mediation to help repair and rebuild workplace relationships that are strained by destructive conflict. The third most prominent definition of a successful mediation is the avoidance or prevention of disputes from escalating. This reveals local authorities desire to resolve workplace disputes before they escalate into formal grievances. This comes as little surprise as the CIPD reported in 2011 that the average number of days of management and HR time spent on managing both disciplinary and grievance cases is 18 and 14.4 days respectively. 8 When compared to the fact that most mediations last just one day, this is a logical aspiration to resolve disputes. Key words used to define a successful mediation Percentage of responses that included the following key words: 2.3% 2.3% Improved relationship 4.6% 2.3% 2.3% 4.6% 6.8% 25.0% Avoid/prevention of escalation Resolution/Agreement Sustainability Productivity 29.5% 20.5% Fair/Impartial Future-focused Dialogue The graph above depicts the prevalence of key words used in the definitions shared by survey respondents. 8 Conflict Management Report, CIPD 2011: P a g e 20

21 Case study Bath and North East Somerset Council Bath & North East Somerset Council undertook analysis which suggested that mediation would be a quicker and more effective resolution process than other mechanisms. William Harding, Head of HR, explains that one of the biggest obstacles when introducing their mediation service was the lack of historical evidence for the return on investment from mediation. Furthermore, business areas that have not been involved in the wider discussions and set up are sometimes reluctant to allocate or commit resources to the fledgling service. The first few years of setting up a mediation scheme can be filled with obstacles. William Harding, shares that generating adequate numbers of referrals was one of the most difficult aspects of running the Council s mediation scheme, as was the challenge of evaluating the effectiveness of mediation. William explains that while it is easy to make the case that mediation is better than the usual protracted processes, actually measuring the ROI on mediation is difficult. It depends on how you measure success, and, in turn, Mediation is a very costeffective and constructive resolution process. how do you measure its value? At the council there is now zero formal bullying and harassment cases. Grievances levels are down, too. However, William explains that it is difficult to say categorically that mediation is the sole contributor to this as there may be other factors. What William is sure of, however, is that one of the most successful activities that Bath & North East Somerset Council did in relation to its mediation scheme was putting a paragraph on mediation in all of its procedure: the aim of which was to encourage informal processes, such as mediation, as early as possible. P a g e 21

22 What are the success rates of mediated cases? Based on these definitions of a successful mediation, a majority of local authorities (24.2%) report a success rate between %. The next most common success rate is only between 10-20% as reported by 18.2% of respondents. The remainder of local authorities reported a spread of different success rates with a slight preference towards increased rates of success. 30% 25% 20% 15% 10% 5% 0% Based on your definition of success, what percentage of the cases referred to mediation in the past 12 months were successfully resolved? 18.2% 10-20% Success 6.1% 9.1% 3.0% 9.1% 6.1% 9.1% 15.2% 24.2% 21-30% 31-40% 41-50% 51-60% 61-70% 71-80% 81-90% % Success Percentage of respondents When this data is broken down into the success rates of local authorities with and without internal mediation schemes, a new picture emerge with a significant improvement in success rates reported when mediations are conducted as part of an internal mediation scheme. 35% 30% 25% 20% 15% 10% 5% 0% 11.1% 28.6% 10-20% Success Percentage of cases successfully resolved 7.1% 5.6% 5.6% 14.3% 7.1% 0.0% 0.0% 14.3% 11.1% 33.3% 16.7% 16.7% 14.3% 14.3% 0.0% 0.0% 21-30% 31-40% 41-50% 51-60% 61-70% 71-80% % Success Internal Mediation Scheme No Internal Mediation Scheme P a g e 22

23 How long is support provided to the parties once mediation concludes? Comparing, once again, the results from local authorities with internal mediation schemes to those without, there is a notable gap between the two: Nearly two-thirds (64.7%) of local authorities without internal mediation schemes do not provide any support to parties after mediation, while only 16.7% of local authorities with mediations schemes do not. How long do you follow up mediation cases for? 70% 64.7% 60% 50% 40% 33.3% 30% 20% 16.7% 16.7% 17.6% 22.2% 10% 0% 5.6% 5.9% 0.0% 0.0% No Follow-up 1 Month 3 Months 6 Months 12 Months Internal Mediation Schemes No Internal Mediation Scheme Furthermore, local authorities with internal mediation schemes are more likely to provide long-term support to parties after mediation: One third (33.3%) of these authorities offer support for up to three months and over a fifth of them (22.2%) complete a whole year of post-mediation support. On the other hand, local authorities that do not have internal mediation schemes are less likely to provide any support to parties after mediation, with only 23.5% offering support. Whether mediation services are provided in-house by internal mediators, or externally by professionals, it is critical for all local authorities to provide regular support to all parties at regular intervals after mediation. This follow-up can help support the parties in maintaining their agreements and also allows for the early intervention should the parties working relationship begin to deteriorate again. P a g e 23

24 Case study London Borough of Newham In 2012, the London Borough of Newham established its internal mediation scheme by training ten employees to become accredited workplace mediators. Catherine Anderson, Organisational Development Manager, heads up the Council s mediation scheme. Catherine was recently awarded the Mediation Scheme Co-ordinator of the Year award at the Professional Mediators Association National Mediation Awards Catherine explains that one of the most important first steps that she undertook when first creating the Borough s mediation scheme was engaging Unions. She says that working with Union representatives from the very beginning worked very well. Their buy in and suggestions on how the mediation scheme could be implemented was essential to the success of the mediation service. Catherine also recommends that new schemes take their time to select and train internal mediators as it is very important to get the right mediators in place from the start. Catherine s scheme reports a success rate between % of all of the cases referred to the mediation service. However, Catherine recognises that the scheme still faces real challenges such as: communicating mediation to all of the Borough s employees; generating adequate mediation referrals; and monitoring and evaluating the effectiveness of mediation. It is very important to get the right mediators in place from the start. One way in which Newham has been addressing these challenges was by providing mediation awareness training for its managers. This training explored the role of managers in mediation, the costs and impact of conflict, and how managers can access the borough s mediation scheme. Furthermore, Newham s mediators meet on a regular basis as a team, and receive ongoing continuing professional development (CPD). Catherine explains that mediators really need support, especially at the beginning of the scheme, and that her mediators find these meetings to be really useful and helpful provide as they provide them with the opportunity to share their experiences with the other mediators (such as challenging mediations). P a g e 24

25 What is the sustained effectiveness of mediation? A majority of local authorities report that improvements made to relationships through mediation are maintained after the process: 95.8% report that improvements are maintained one month after mediation, and 71.4% report the same after one year. 100% 80% 60% 40% 20% 0% Thinking about the overall effectiveness of mediation, how would you describe the sustainability of mediated outcomes at the following intervals? 95.8% 12.5% 8.3% 8.3% 87.0% 8.7% 4.3% 0% 72.7% 71.4% 31.8% 33.3% 0% 0% 0% 0% 1 Month 3 Months 6 Months 12 Months The relationship tends to have broken completely Situations tend to deteriorate significantly Situations tend to deteriorate Improvements are maintained To determine the effectiveness of mediation, respondents were asked to describe the status of the working relationship at each of the follow-up intervals by selecting from the following descriptions: Improvements are maintained Situations tend to deteriorate Situations tend to deteriorate significantly The relationship tends to have broken completely Local authorities are more than twice as likely to report that these improvements are maintained than having had deteriorated, despite a decrease of 24.4% of this reported maintained improvements over the course of 12 months. In regards to cases that tend to deteriorate, 8.3 and 8.7% of local authorities report this status at one and three months, with an increase to 31.8 and 33.3% at six and twelve months. Very few local authorities report that relationships deteriorate significantly or break down completely after mediation. The data reveals that if relationships are going to fail after mediation, that they are most likely to do so soon after the mediation at either one or three months post-mediation ( 12.5% and 4.3% respectively). P a g e 25

26 What actions are taken if a situation deteriorates post mediation? Local authorities reported, in equal measure, that they will respond with an offer of further mediation and that a formal grievance is then invoked should a situation deteriorate post-mediation. The third most likely action is for HR to provide coaching support (16%), followed by the possibility of disciplinary action being taken with one or both parties (12%). What actions are taken if a situation deteriorates after mediation? Further mediation is offered 36% Disciplinary action is taken against one or both parties 12% A formal grievance process is invoked 36% HR provide coaching support 16% 0% 10% 20% 30% 40% Percentage of respondents One respondent to the survey explained: We act quickly and offer further mediation where possible. Our intention is to respond to any breakdown in relationships. We recognise the importance of restoring working relations enabling both parties to agree a way forward thereby avoiding escalation to more formal procedures or complete breakdown in relations. P a g e 26

27 Conclusions and recommendations It is encouraging that 93.9% of local government organisations agree that mediation is effective at resolving disputes. Mediation is one of the few forms of dispute resolution that encourages real dialogue between disputing parties and which allows parties to create their own solutions to their issues, thereby creating the well-known win-win outcome. When we explore the reasons why some local authorities are not using mediation, the obstacles standing in their way to using mediation (awareness and no budget), no longer seem insurmountable. Evidence gathered during this research suggests that managers, HR professionals Unions and members are subscribing to the principles and the practices of mediation, Moreover, support for mediation within local authorities is great (93.9% of organisations unions support the use of mediation), and mediation offers cost savings through the prevention of disputes from escalating into expensive formal dispute resolution procedures. Greater use of Resolution Policies Resolution Procedures offer a real alternative to the traditional grievance procedures. Adopting a Resolution Policy enables organisations to focus on resolving disputes early and effectively by placing a significant emphasis on mediation and early resolution. For instance, a Resolution Policy can help organisations to transition from a 'grievance culture' to a 'resolution culture by: Linking dispute resolution with the organisations values and visions. Offering a new name and a new focus for dispute resolution. Combining grievance, bullying and harassment policies into a single Resolution Policy. Supporting return to work procedures following absence or suspension. Making mediation available at each stage, even where cases have been escalated to formal actions therefore offering greater flexibility to all parties. Continuing to provide more serious disputes and cases where there is a clear breach of a code of conduct the opportunity to escalate to an investigation or other formal action. A great measure of the role that mediation plays within local government is whether or not it features within an authority s grievance policies and procedures. This is an accurate measure of the use of mediation because it demonstrates an organisation s commitment to mediation by signposting employees directly to it as an option for those who find themselves in conflict. Considering that three-quarters of local authorities feature mediation in their grievance procedures and that some of those which do not are considering updating their procedure to include mediation, it is easy to conclude that mediation plays a central role within local authorities grievance procedures. P a g e 27

28 Co-ordination of local authority mediation schemes A mediation scheme co-ordinator has the important role of not only managing the team of mediators and their case loads, but also the role of ensuring that mediation is being communicated to all employees effectively and of evaluating the performance and effectiveness of their internal mediation scheme. This last responsibility is among the most important, as the long term success of any organisation s mediation service is dependent on its performance being measured and reported. Evidence from the study suggests that too many local authorities are still not measuring the long term sustainability of their mediation cases. In turn, this is jeopardising the overall effectiveness of the mediation agreements and, in turn, the local authority s return on investment. More needs to be done to measure the long term impact of mediation within local authorities. There is an urgent need to increase the promotion of mediation The promotion of mediation schemes should be a pro-active and on-going activity to ensure that all stakeholders support the scheme and that employee and their managers are cognisant of mediation as a credible option to resolve disputes early - before they escalate. The most effective way to promote and sustain a mediation scheme is via key partners and stakeholders such as unions, Occupational Health, diversity and equality groups, senior management teams and many others. Types of issues being mediated It is interesting to note this variety and diversity of options to which mediation and its skills can be applied. The reason for this is the essence to which mediation can be boiled down to: that of clear and effective communication. This is why, in the words of one of the respondents, there is, however, no reason why the facility should not be extended to any of the uses listed. Sustaining outcomes from mediation Once a case is referred and mediated, the PMA recommends that the case be followed up at regular intervals after the mediation. These follow-ups provide mediators with the opportunity to check in with the parties to see how their relationship is progressing and to gauge the sustainability of the mediated outcome(s). However, just as importantly if not more so, post-mediation follow-ups allow for an early intervention should the relationship begin to take a turn for the worse. This data demonstrates that local authorities with internal mediation schemes are more likely to be able to identify and intervene in cases where the relationship may be deteriorating after mediation and that they are therefore more likely to prevent conflicts from escalating. As discussed earlier, one of the reasons that these post-mediation follow-ups are important is because it allows organisations to measure the long-term sustainability of their mediated outcomes. This begs the question, therefore, of what is the overall effectiveness of mediated outcomes. P a g e 28

29 Overarching recommendations arising from this report: 1. Local Authorities should develop better measurements of the cost of conflict in order to demonstrate the return on investment of mediation 2. Mediators in Local Authorities should have a better understanding of the strategic importance of mediation and be able to explain and sell this to stakeholders in order to maximise positive outcomes of mediation. 3. Further emphasis on integrating mediation schemes within both formal HR procedures as well as in other areas of the organisation such as in dealing with residents 4. Greater emphasis needs to be placed on the development and sustainability of mediation schemes. 5. Mediators could become members of the Professional Mediators Association and subscribe to the National Mediation Practice Standards. 6. Mediators should be provided with Continuing Professional Development and supervision from a named mediation scheme co-ordinator 7. Mediation should feature in leadership competence and as a part of line management training. Local Authorities should enhance the methodology by which they measure the impact of mediation P a g e 29

30 Resources PMA & LGA Mediation Survey, web-based SurveyMonkey study, March May Conflict Management Survey Report, Chartered Institute of Personnel and Development. 2011: Fight, Flight or Face It? OPP, 2008: Acas Individual Mediation: Feedback from participants and commissioners, 2013: P a g e 30

31 The PMA is an independent, not for profit professional body dedicated to promoting excellence in mediation Suite 12, New House, Hatton Garden London, EC1N 8JY Local Government House Smith Square London SW1P 3HZ P a g e 31