Carol Paton

www.patonindependent.co.uk
Employers in Voluntary Housing
Management Committee Monday 7 June 2010
The Conflict Response
…which broadly means
Feelings can range from anger to being scared and
stressed
We tackle or tolerate the conflict
Tackling can involve a third party (manager,
Ombudsman, solicitor, judge)
And then we’re in the realm of
They’re word against mine
Facts not feelings
Others decide the outcome
Win / lose
The costs of conflict
Wasted time, staff turnover, staff absence, poor
health, reduced decision-making, under-performance,
sabotage, reduced motivation, direct costs e.g. legal
fees
And in terms of future success:
Loss of reputation, stakeholder dissatisfaction,
reduced funding, strategy undermined.
Some questions answered
What is mediation?
Where does it fit with other dispute resolution
methods?
When can it be used?
What types of mediation are there?
What are the benefits?
How might housing associations use it?
How to select a mediator?
What is mediation?
A process in which disputing parties seek to resolve
their differences with the assistance of a trained
mediator acting as an impartial third party.
Mediation is voluntary and aims to offer the
disputing parties the opportunity to be fully
heard, to hear each other’s perspectives and to
decide how to resolve their dispute themselves.

[Source: Scottish Mediation Register]

Key characteristics
Voluntary
Private and confidential
Impartial mediator
Structured but informal
Solution / agreement focused
Parties offer the solution themselves
‘Without prejudice’
Dispute Resolution Methods
Level of Participant Control
When can it be used?
As early as possible
When formal processes don’t resolve matters
When there is an on-going relationship
Parties need to let off steam
There are issues on both sides and people want a
solution
The issues are specific to the parties and can be
resolved by them
Speed is important
When Mediation is not appropriate
Legal principle required
Matters of public interest need a formal response
Those who might take part don’t want to
Formal or legal action is still happening
When gross misconduct or criminal action
Types of mediation
Additional Support Needs
Business & commercial
Community & neighbour
Discrimination
Environment & planning
Family
Health/NHS
In-court
Religious & Church
Schools
Workplace
Benefits
Win - Win
Parties engage with the process and own the outcome
Better identification of the real issues and a narrowing of
differences
More constructive and creative outcomes
Breaks deadlock
Greater mutual understanding
Preserves or rebuilds personal & professional relationships
Supports co-operation not confrontation
Avoids the high direct and indirect cost of conflict
Housing associations and
mediation
Construction and regeneration
 Unforeseen costs – responsibility unclear
 Latent defects
Human resources
 Dignity at work
 Disciplinary & grievance
 Poor working relationships
Governance & leadership
 Conflict at Board level
 Conflict with senior staff
Stakeholder issues
 Customer complaints (tenants, factored owners, persistent)
 Partnerships
Case study A
Two managers have a clash of personalities which leads
to serious conflict. This poor relationship is
undermining performance and the effectiveness of the
senior management team. There is no one individual
to blame for this. There is some reason on each side
but the Director is at a loss about how to resolve and
doesn’t want to lose either individual. Recently one of
the managers has been signed off sick with stress.
Case study B
There are clashes between some Board Members and
the Chief Executive. The Chair is unhappy with the
suggestion the CEO should go but sees that people
are getting entrenched. People are taking sides and
the dispute has a life of its own. Strategic issues seem
to be getting ignored with all this going on.
Case study C
Jo has worked for the organisation for 12 years. Over a
number of years she feels there have been difficulties
with the organisation. This has included an element
of whistle blowing to SHR. She has recently been
made redundant. She has made an application to the
Employment Tribunal on the grounds of unfair
dismissal and is also threatening an action for
damages for breach of contract. The organisation has
made an offer of a lump sum but that hasn’t been
accepted.
Case study D
Anne has raised a grievance on grounds of harassment
against one of the Directors she supports which has
not been upheld at appeal. The Appeal Panel is
concerned that the grievance process has not resolved
the underlying problems in their relationship.
Selecting a mediator
Scottish Mediation Register is an independent
register of mediators
Mediation is a non-regulated profession but SMR
mediators meet benchmark standards of quality
Training, assessment, CPD, Code of Conduct,
complaint policy, indemnity insurance
Select by region and/or type of mediation
www.scottishmediation.org.uk