By Sir Henry Brooke

1
Employment Workplace Disputes in the Mediation
Environment

• By Sir Henry Brooke
• Accredited Mediator
• Member of LADR
• Chair, the Civil Mediation Council

2
An Employment Mediation

• From bitter wrangling
• To a happy settlement
• Within six hours

3
But why not mediate earlier?

• Most disputes get resolved on their own
• Or with help from HR, trade union etc
• But some get stuck
• A need for a trusted third party neutral

4
A mediators training

• Active listening and empathy
• Open questions and play back
• Exploring needs concerns interests not just
  legal rights
• Helping people move from entrenched positions
• To a willingness to see the other sides point of
  view

5
The Governments new employment policies

• Dont wait until relationships break down
• Tackle disputes early on
• ACAS cant do it all
• Scope for private workplace mediators, too

6
THE CMC Registration Scheme

• 21 registered providers already
• The website shows where they each work
• The requirements for registration
• A pilot scheme
• These requirements may be made tougher
• Transparency in the mediation marketplace

7
Todays conference

• The challenge today
• The 2004 Act didnt work
• Can we make the 2008 Act work?
• The benefits of early dispute resolution are
  colossal
• This is what today is all about