REFRAMING RESOLUTION– MANAGING
INDIVIDUAL WORKPLACE CONFLICT
ESRC Seminar Series 2012-2013
Swansea University 14th February 2013
Experiencing the mediation process from the
disputant’s perspective
Tony Bennett (IROWE, Lancashire Business School)
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Acas sponsored research
Investigate a little researched element of
workplace mediation in the UK:
‘How is mediation experienced by the disputant?’
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Methodology adopted
The key findings
Summary and next steps
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Alternative dispute resolution ( Roche and
Teague, 2012)
Sectoral and thematic studies (Latreille, 2010,
2011; Latreille et al. 2012; Bennett, 2012)
Case study (Saundry et al, 2011; Saundry and
Wibberley, 2012).
Conceptual model (Ridley-Duff and Bennett,
2011)
Draw on the long-standing work in the US
(Shapiro and Brett, 1993; Bingham and Pitts,
2002; Bingham, 2004; Lipksy and Seeber, 2001;
Lipksy, 2007)
 With
the exception of Acas’s own
evaluation of its services, (Fox,
2005; Seargeant, 2005; Acas
2011, 2012).
 The
‘voice’ and experiences of
disputants has not been explored.
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The research aimed to extend our understanding of mediation in
four key respects:
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Build on our knowledge of the mediation process by capturing
the views and experiences of disputants.
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Explore the trajectory of individual disputes and the rationale
underpinning individuals’ participation in mediation.
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Critically assess participants’ views as to their expectations of
mediation, the effectiveness of mediation provision and
sustainability of outcomes.
Assess the impact of mediation in enhancing the overall efficacy
of conflict management, and the employer/employee
relationship.
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Sample
◦ Acas disputants
• Private providers
 In-house services
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21 in total
Participants were self-selecting
Semi-structured face to face and telephone
interviews, 30-90 minutes, 18 hours of data
Sensitivity in the process
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Gibbons (2007).
Acas Code of Practice on Disciplinary and
Grievance Procedures (2009).
Business Innovation and Skills initiatives (2011).
Costs saving
Repair and maintain relationships
Greater sense of ownership for the disputants
Non blame = ‘win-win’
Alternative to potentially more damaging
‘traditional’ dispute resolution routes
We use the facilitative model in the UK
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Nature of the disputants
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Large organisation
Public sector
Majority Acas mediated
40% male, 66% complainants, 50% bullying cases
Majority one disputant of the case interviewed
Nature of the disputes
◦ Professional disagreements and personality clashes
◦ Performance management, bullying and harassment
◦ Discrimination and bullying – suitable for
mediation?
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Initiating mediation – the key role of HR
Mediation – a last resort?
Advice and support – the problem of isolation
Attitudes to mediation
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Prior knowledge of mediation
Positive views – resolution, safety and justice
Scepticism and resistance
A voluntary process?
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The structure of mediation
The role of the mediator – the importance of
trust and rapport
Facilitating settlement or transforming
relationships?
The impact on participants – power and
perspective
The importance of ‘administration’
Following up mediation - unresolved issues
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Success and failure
Success and sustainability
A source of voice and empowerment
Confidentiality and sustainability
Mediation – transforming attitudes
and conflict management?
Changing attitudes to conflict – pragmatism and
development.
Impact on organisational approaches to conflict
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Growing interest by government,
practitioners and academics
However, better understanding the
experiences of the disputants is critical
Findings suggests that mediation may have a
wider application than previously thought
Research revealed that managers often felt
under pressure to agree to mediation.
In some cases, a lack of enthusiasm for the
process did not prevent a positive outcome
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Advice and support would appear to be particularly
important.
The findings also question whether mediation is used
as a means of early dispute resolution.
Most interviewees felt that mediation would be more
effective if used at an earlier point in the dispute but
found going through mediation stressful
The data provides key insights into the outcomes of
mediation – i.e. degree of sustainability
The benefits of mediation can extend beyond an
agreement or settlement – even where there is little
chance of a sustained resolution, the simple fact that
individuals have an opportunity to voice their
concerns and exert some control over their situation
can help to maintain the employment relationship.
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Acas (2011b) ‘Acas Mediations 2010/11: Responses from participants
and commissioners’, Acas Research Paper, 12/11.
Acas (2012) ‘Acas Mediations 2011/12: Responses from participants and
commissioners’, Acas Research Paper, 16/12.
Bennett, T (2012) The Role of Mediation: A Critical Analysis of the
Changing Nature of Dispute Resolution in the Workplace Industrial
Law Journal, Vol. 41 Iss. 4
Bingham, L. and Pitts, D. (2002), "Highlight of Mediation at Work: Studies
of the National REDRESS Evaluation Project", Negotiation Journal, April
2002, pp. 135-146.
Bingham L. (2004) ‘Employment Dispute Resolution: The case for
mediation’, Conflict Resolution Quarterly, 22:1-2, 145-174
Fox, M. (2005) Evaluation of the Acas pilot of mediation and employment
law visits to small companies, Acas Research and Evaluation.
Gibbons, M. (2007) A review of employment dispute resolution in Great
Britain, London: DTI.
Latreille, P. (2010), Mediation at Work: Of Success, Failure and Fragility,
Acas Paper 06/10, (Acas Publications, London).
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Latreille, P. (2011), Mediation: A Thematic Review of Acas/CIPD Evidence, Acas Paper
13/11, (Acas Publications, London).
Latreille, P., Buscha, F. and Conte, A. (2012), ‘Are you experienced? SME use of and
attitude towards workplace mediation’, The International Journal of Human Resource
Management, 23, 3, 590-606.
Lipsky, D. (2007), “Conflict resolution and the transformation of the social contract”,
Labor and Employment Relations Association Series Proceedings of the 59th Annual
Meeting January 5–7, 2007, Chicago, Illinois.
Lipsky, D. and Seeber, R. (2001), “Resolving workplace disputes in the United States:
The growth of alternative dispute resolution in employment relations”, Journal of
Alternative Dispute Resolution, 2:3, Fall, 2000, pp. 37-49.
Ridley-Duff, R. and Bennett, A. (2011) ‘Mediation: Developing a theoretical framework
for understanding alternative dispute resolution’, Industrial Relations Journal , 42:2,
106-123.
Saundry, R., McArdle, L. and Thomas, P. (2011) ‘Transforming Conflict Management in
the Public Sector? Mediation, Trade Unions and Partnerships in a Primary Care Trust,
Acas Research Paper, 01/11.
Saundry, R. and Wibberley, G. (2012) ‘Managing Individual Conflict in the Private Sector
- A Case Study’, Acas Research Papers, 05/12.
Sergeant, J. (2005) The Acas small firms mediation pilot: research to explore parties'
experiences and views on the value of mediation, Acas research and evaluation.
Shapiro, D. and Brett, J. (1993), “Comparing three processes underlying judgments of
procedural justice: A field study of mediation and arbitration”, Journal of Personality and
Social Psychology, Vol. 65 No. 6, pp. 1167-1177.