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 CIPD PRESS RELEASE 17 September 2008
New guide champions mediation as an effective
way to avoid employment tribunals
The 190,000 individual employment tribunal
claims in 2007/2008 could have been reduced by
more effective use of workplace mediation,
according to a new guide from the Chartered
Institute of Personnel and Development and Acas.
Mediation: An Employer's Guide also offers a
unique insight into an employers' experience of
mediation. It draws on a comprehensive survey
of CIPD members, a GfK NOP commissioned survey
of 500 small/medium sized enterprises (SMEs)
and a series of in-depth case studies with
companies with up and running mediation schemes.
According to the survey of SMEs, the respondent
organisations that use the mediation process
indicated that it is successful: almost half
said that the last mediation had resolved the
issue completely (49%), and more than four in
five (82%) said it had resolved the issues either
completely or partly.
Mike Emmott, Employee Relations Adviser, CIPD says:
"Gaining the commitment of senior managers to
mediation is key to ensuring that line managers
buy into the process and promote its use as an
informal mechanism to resolve disputes. The way
in which mediation arrangements are introduced
and embedded within an organisation is crucial
to ensuring effectiveness in resolving internal
conflict.
"Policy-makers and organisations are increasingly
recognising that mediation has a particular
resonance in the workplace. Negative conflict
between individuals or groups of individuals
can severely hamper an organisation's drive
for competitive advantage and damage employee
well-being.
"The advantage of using an informal approach
means there is greater flexibility in how it
is used to suit specific circumstances, and
the confidentiality of the process can offer
a breathing space that allows more open and
honest discussion."
According to the survey of CIPD members, in only
16% of cases was mediation said to follow an
actual or threatened tribunal claim, but those
that utilised it reaped the rewards - in 9% of
instances a claim was withdrawn*. This suggests
that, in the majority of cases where mediation
is used, it is effective in resolving issues
that would otherwise have had to be resolved
in a tribunal.
Professor John Purcell, Acas' Strategic Academic
Adviser:
"Acas has long promoted the benefits of mediation.
The cost of conflict at work is significant - to
all parties involved, and to the reputation of
the organisation as a whole. Mediation can provide
an informal route to resolving difficulties,
finding lasting solutions and at the same time
avoiding costly tribunals. This guide, developed
in partnership with the CIPD, provides detailed
information to organisations interested in
exploring the mediation option. Especially useful
are the insights in the guide, gathered from a
range of organisations with experience of setting
up mediation arrangements from scratch. I commend
the guide to HR experts, managers, and employees."
Among the case study organisations taking part
in the research are:
- The Ministry of Justice
- The University of Central Lancashire
- West Midlands Police
- A joint venture between Suffolk County Council and BT
* Figures exclude conciliation provided by Acas
in employment tribunal cases
Notes to editors
* Mike Emmott and John Purcell are available
for interview
* The Chartered Institute of Personnel and
Development (CIPD) has over 130,000 members and
is the leading professional institute for those
involved in the management and development of
people.
* Acas' aim is to improve organisations and
working life through better employment relations.
It provides information, advice, training and
a range of services working with employers and
employees to prevent or resolve problems and
improve performance. It is an independent
statutory body governed by a Council consisting
of the Acas Chair and employer, trade union and
independent members.
* The guide will be available for download on
the CIPD and ACAS websites on 17 September.
CIPD Press Enquiries
Gregor Ridley / Christian Zarro / Jemma Walsh
Tel: 020 8612 6400
Email: mailto:press@cipd.co.uk
ACAS Press enquiries
Lou Owen
Tel: 020 7210 3920/07900 406992
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