Transcript Document
Welcome to the Fourth National Conference Registration and Coffee – 0920
SRA - CPD/temp
Welcome – Judith Kelbie CMC Board & Organiser
Formal Opening Sir Henry Brooke
Keynote Speech Lord Neuberger of Abbotsbury Master of the Rolls
Chairman’s Reflection Sir Henry Brooke
Mediation – and the Review of Civil Costs - Sir Rupert Jackson
Chairman’s Reflection Sir Henry Brooke
Ministry of Justice Update Simon Madden
Coffee and Networking - 1100
Mediation in the wider context 1100 to 1230
Workplace Mediation The still, quiet revolution
Clive Lewis Chair – CMC Workplace Committee
The Business Case
Build Up Level 5 First Who Leadership Then What Confront the Hedgehog Brutal facts Concept Culture of Discipline Technology Accelerators Disciplined People Disciplined Thought Disciplined Action
Flywheel Source: Jim Collins – Good to Great
Trust
Workplace Mediation Strategic Focus Areas
Business Risk Workplace Mediation Employee Engagement UK Skills Health and Well-being
Workplace and Employment – any difference?
Workplace • Emotion • Joint sessions • On-going objectives • Working management & HR • Organisational feedback Employment • Negotiation • Private/caucus meetings • Settlement agreement • Working with lawyers •Fees
The Future Landscape
• More industrial action • Equality Act • Media • Class action • Word of mouth • Technology
What has the CMC done?
• Press releases • Articles • Business plan • Workplace mediation protocol • Media interviews • Workplace mediation forum
Summary
• Still? - No • Quiet? - Yes • Revolution? - Not yet
The CMC Study of Training Dr Debbie De Girolamo
Family Mediation Update Lorraine Bramwell
Family Mediation
Developments , Opportunities and Challenges
Developments.
• Changes in the way Family Mediation is “Regulated” • How Family Mediation may be “encouraged” • Recent Green Paper “Support for All”
Opportunities
• To raise public awareness of Mediation • To change the culture of how the public resolve family disputes.
• To broaden the types of “family “ dispute that mediation can help • Potentially a much greater uptake of mediation
Issues and Challenges Family Mediation and Beyond.....
• How do we as a profession respond to the increasing encouragement for people to use mediation?
• How do we(and indeed should we)define what makes good mediation?
• How can the different areas of mediation best work together and learn from each other in providing a good service to the public?
Family Mediation, standards, regulation and the College of Mediators.
The College of Mediators
• established in 1996 (originally known as the UK College of Family Mediators) • sets standards for mediation and maintains a register of mediator members who meet those standards • works to promote best practice in mediation and to protect the public.
UKCFM (the College)Developed Standards and codes of practice for the training and practice of Family Mediators 1996 – 2007 Main Family Mediation Providers Mediation Practitioners Academics Trainers Professional Practice consultants
Resolutions College of Mediators
Post 2007 “Regulation”
ADR FMC Law Society Family Mediators Assoc National Family Mediation
The Family Mediation Council
“Composed of organisations that represent and regulate professional family mediators in the UK” • It does not itself regulate training or practice. • Currently working towards a common code of practice.
Wider Mediation Networks
For consultation on specific questions and issues Workplace
Specific Mediation Areas.
Smaller working groups based on area of mediation drawn from wider networks
Pool of people for :-
• Responding to specific issues • Identifying specific standards for training and practice • Consulting wider networks RJ Commercial
Common Interests Shared Core Standards Cross fertilisation of ideas
Workplace Disability SEN Restorative Justice Civil and Commercial
College of Mediators
Community Family Peer Young People Community Family Young People
Drawing on knowledge and experience from:-
•
Practitioners
•
Trainers
•
Academics
Current Developments to encourage the uptake of Family Mediation.
DCSF’s Green Paper “Support for All – the Families and Relationships Green Paper (2010). ”
sets out a
“...range of measures to support all families as they bring up their children and to help families cope with times of stress and difficulty.”
•
Asks a number of questions relevant to family mediation including;
How to create a culture in which seeking help for relationship or parenting problems, or other family difficulties, is considered socially acceptable?
•
Would compulsory mediation assessment improve the take-up of mediation in family law cases, and what more could be done to improve the take up of family mediation as an alternative to court action?
•
How to make it easier for families to find the help they need
Compulsory Consideration- the positives
• Brings all Family Cases in line with Publically funded cases.
• Collaborative decision making by the parties becomes the default option for resolving disputes.
• Improve take up of mediation (dependant upon the skills of the mediator)
Compulsory Consideration- the “howevers
”
• Distinction between compulsory assessment and the principle of voluntary participation in the mediation process itself.
• Client safety must continue to be a priority – e.g. separate domestic abuse screening.
• A fully informed decision by one or both of the parties
not to
mediate should be considered a valid index of unsuitability.
• Potential increase in assessments and mediations should not lead to reduced standards of training.
Changing the Culture
• Still concern and stigma attached to seeking help for family / relationship problems. – fear of being judged and loss of control over decisions.
• Still an assumption that relationship breakdown is primarily a legal matter and to be resolved through courts and legal processes.
• Mediation could be promoted as being a way of families dealing with disputes where they are not judged but enabled to make the right decisions for their family
More than just separation and divorce:-
• Parent / Teenager disputes leading to actual or potential homelessness • Family Business Disputes • Intergenerational / Sibling/ wider family disputes – on a range of issues.
• Family Disputes that impact on the workplace • Family disputes that impact on a neighbourhood or local community.
Finding the help people need
Help lines and online NHS Direct style provision provide an accessible source of information However how can (and should) we ensure that: • They enable informed client choice.
• That the mediators listed offer a good quality service • That there are benchmarks in place for the benefit of the public and mediators on what the public should expect from mediation.
Our responsibility as a profession?
The various initiatives to encourage the use of mediation should lead to better experiences for the public in resolving disputes. But for this to happen, we must grapple with some difficult issues...
• What makes a good mediator?
• How do we best meet the needs of those in dispute?
• How are the public protected from poor practice?
• How do we encourage, assess and embrace new developments, learning, creativity and diversity of provision?
Evolving standards through consultation, learning, reflection and experience.. a constant work in progress Theory
why we do what we do – new ideas and models
Principles of Mediation
Core Values / ethos
Experience
learning from practice
Client needs
Feedback, research
Training
identifying and developing core skills If standards are to result in good quality mediation the influence of all these aspects need to be taken into account, inform each other and be kept in balance.
© Lorraine Bramwell 2010
www.collegeofmediators.c
o.uk
For more information
Mediation Beyond Borders John Sturrock QC
Reflection / Discussion The Chairman
Lunch and Networking - 1330
Mediators in Action 1330 to 1530
11 May 2010
Mediators and the use of Influence
Heather Allen
Head of CEDR Faculty and CEDR Direct mediator
James South
CEDR Director of Training and CEDR Direct Mediator 11
6 Principles of Influence Taken from research by experimental social psychologist, Professor Robert Cialdini Set out in detail in his book ‘ Influence: The Psychology of Persuasion’ 11
6 Principles of Persuasion: • • • • • • Reciprocation Commitment and Consistency Social Proof Liking Authority Scarcity 11
Reciprocation • If someone does something for you, then you feel obligated to do something in return
Experimenter sent Christmas cards to complete strangers and received cards back
• Rule enforces uninvited debts
Free samples in Merchandising
• The rule can trigger unfair exchanges
The Coke and the raffle ticket
• Reciprocity also operates for concessions
Chaperoning a Zoo visit
11
Commitment and Consistency • Once we have made a choice or stand we feel pressure to behave consistently with that commitment
After people place a bet on a horse they are much more confident of the horse winning than before
• Commitment is the key
The Driver Safety Sign Experiment or Toy manufacturers
• Written Commitment even more powerful
Testimonial Contest
11
Social Proof • To help determine what is correct behaviour we look to what other people think is correct
Coins in a tip basket Bystander inaction
• Voluntary compliance to social norms works better than coerced compliance
The Boys and the Robot
• Similarity of social group strengthens operation of social proof
The Wallet Experiment
11
Liking • We prefer to say yes to people we like
The Tupperware hostess and Good Cop/Bad Cop technique
• Attractiveness, similarity and compliments are important
In study of court sentences, attractive defendants were twice as likely to avoid jail as the ‘unattractive’
• Power of conditioning and association
Don’t shoot the messenger Celebrity endorsements
11
Authority • We will defer to people in a position of perceived authority
The electric shock experiment/ Railway line protester
• Appearance of authority is enough - Titles, clothes
‘Give him a penny for his parking’ experiment
11
Scarcity • Opportunities seem more valuable to us when their availability is limited
The shopping channels “Only 10 left” and “that was the last one” sales technique
• Powerful because is shortcut to decision-making and diminishing freedom to choose makes us activate that choice ( psychological reactance)
Example: The terrible twos
• Competition and scarcity produces irrationality
Example: Poseidon Adventure
11
Recognising the risks of using influence • Undue pressure • Irritating people who feel manipulated • Being too clever • Doing it for you not the parties 11
Reciprocation • Offer to call time to suit them • Offer to send a draft mediation agreement immediately • Exchange information between parties to make agreements before the day • Small concession from parties to break deadlock • Warning of tit-for-tat positional offers 11
Commitment and Consistency • Using previous offer of the party to restart negotiation • Parties have come to mediation so presupposes that there will be some compromise.
• Getting agreement to not interrupt, use appropriate language 11
Social Proof • “Similar mediations approached it this way…” • The norm of the the negotiation dance • How is this normally handled in the industry 11
Liking • Neutrality and Impartiality • Finding personal connection • Using your personality strengths • Matching body language, dress, tone and degree of formality • Building rapport and then doing it again 11
Authority • Dispute resolution professional- I have seen this before • Professional experience relevant to dispute • Strong on process management • But watch not coming across as a know-it-all 11
Scarcity • Making best use of the time available • “This is your last best chance to settle” • Active use of time constraints to facilitate movement 11
Maria Arpa Centre for Peaceful Solutions
Practical Skills in Conflict 11
Centre for Peaceful Solutions
• Registered Charity • Funded from 2007/2010 to develop a model of mediation for violent crime and anti-social behaviour • Now self sustaining • Earns fees from NMH work to help fund community work including: gangs violent neighbours, families and youth police/community relations cross cultural relations • Trains community in nonviolence and conflict resolution • Delivers Accredited Mediation training from Basic to High Level 11
Dialogue Road Map
• Dialogue Road Map – a comprehensive and practical communication tool for engaging any person who is resistant, hostile, angry or violent.
• Applied and tested in workplaces, families, schools, prison, social housing neighbourhoods, gangs. 11
Maria Arpa, Centre for Peaceful Solutions
Practical Skills in Conflict
• gaining and retaining engagement • Movement and shift 11
Maria Arpa, Centre for Peaceful Solutions
Practical Skills in Conflict
• Tolerances • Intention • Justice 11
Maria Arpa, Centre for Peaceful Solutions
www.centreforpeacefulsolutions.org
07831 30 20 10 11
The fourth CEDR mediation audit
Graham Massie Director, CEDR
The marketplace - size
6000 5000 4000 3000 2000 1000 0 2003 2005 2007 Commercial mediations 2010
The marketplace - shape
6000 5000 4000 3000 2000 1000 0 2003 2005 2007 Commercial mediations Schemes 2010
The mediator population Novice Intermediate 2010 22% 23% Advanced 55% 2007 23% 27% 50%
Case load of the Advanced mediator group Cases pa 1 – 4 5 – 9 10 – 19 20 – 29 30 – 49 50 + 2010 29 17 25 11 7 15 Mediators 2007 20 22 32 5 5 13
Mediator demographics % of mediators Age Lawyers Men Women Ethnic minorities 60% 81% 19% 5% 55
(54)
48
(49) cf Solicitors: 45% women; 11% ethnic minorities
Priorities for the future… I want to mediate more 42% I want to be a full time mediator 30%
Grow the market
Direct referrals to Advanced mediators Proportion None 1 – 19% 20 – 39% 40 – 59% 60 – 79% 80 – 99% 100% Mediators 2010 14% 13% 9% 9% 14% 19% 22% 2007 13% 16% 11% 12% 14% 16% 18%
Split of the market in 2003 45%
directly referred service providers
55%
Split of the market in 2005
directly referred service providers
Split of the market in 2007
directly referred service providers
Split of the market in 2010 65%
directly referred service providers
35%
Most of the work is in the hands of a few 40 mediators the rest 50 mediators
Sources of mediation appointments 1 2 3 4 5 6 7 8 9 10
Professional reputation – experience/status Professional background/qualifications Recommendation – by provider Availability Professional reputation – mediation style Sector experience Repeat business – with lawyer Fee levels Recommendation – by lawyer in previous case Location
1 5 10 4 3 6 8 2 7 12
Average fees for a one-day mediation Intermediate mediators Advanced mediators 2010 £1,390 £3,450 2007 £1,290 £3,120
Average fees for a one-day mediation
Pro bono only Under £500 £501 - £1,250 £1,251 - £2,000 £2,001 - £2,500 £2,501 - £3,000 £3,001 - £3,500 £3,501 - £4,000 £4,001 - £4,500 £4,501 - £5,000 £5,501 - £6,000 £7,000 - £7,500 £7,500 + 10.3% 5.8% 22.4% 19.2% 10.9% 7.7% 9.0% 4.5% 1.3% 5.1% 2.6% 0.6% 0.6%
76%
Mediator income analysis, by case load Cases pa 1 – 4 5 – 9 10 – 19 20 – 29 30 – 49 50 - 100 Ave fee £1,390 £1,590 £2,490 £2,910 £3,140 £4,270 Income £3,470 £11,900 £37,300 £72,700 £125,700 £296,000
Reported settlement rates On the day Shortly thereafter 75% 13%
Mediators’ assessment of others’ performance Very well Quite well Adequate Poorly Very poorly Lawyers 33% 27% 22% 11% 7% Clients 27% 35% 22% 11% 5%
Lawyers’ assessment of mediator performance Very well Quite well Adequate Poorly Very poorly 47% 29% 17% 5% 2%
Should mediation be made mandatory?
30% 25% 20% 15% 10% 5% 0% fully voluntary 1 2 3 4 present day 6 7 8 9 fully mandatory 2010 2007
Support for single training standards… Yes No Don’t know Don’t care 2010 53% 29% 13% 5% 2007 52% 31% 16% 1% 2005 62% 38% 2003 72% 28%
Civil Mediation Council: 27% (2007 – 11%)
Support for a single regulatory body … Yes No Don’t know Don’t care 2010 55% 26% 18% 1% 2007 58% 30% 11% 1% 2005 71% 29% 2003 76% 24%
Civil Mediation Council: 34% (2007 – 16%)
Contribution of our field… CASES £ 5.1 billion pa £ 40 billion since 1990 SAVINGS £ 1.4 billion pa £ 8.8 billion since 1990 FEES £13.5 m
LawWorks - Background
• Independent national charity • Membership-based organisation • Last 12 months - Over 40,000 people helped - 370 community groups advised - Value over £4 million • Pro bono adjunct to legal aid
LawWorks - Background
• Independent national charity • Membership-based organisation • Last 12 months - Over 40,000 people helped - 370 community groups advised - Value over £4 million • Pro bono adjunct to legal aid
LawWorks - Projects
• Mediation • Individual Casework • Community Groups • Clinics • Initial Electronic Advice • Students
Why LawWorks?
• Free to both parties where one qualifies for pro bono help • CMC registered • Only pro bono provider for the National Mediation Helpline • Panel of over 165 accredited mediators • Mediations arranged all over England and Wales • Applicants offered free legal adviser where appropriate • Quick, efficient and user-friendly service • Support from other projects
When LawWorks can help
• Disputes in employment, debt, consumer, wills, landlord & tenant, housing, property, contract, personal injury • All sizes of dispute • Face to face and telephone mediation • Referrals from agencies and direct from the public • Application form on our website http://lawworks.org.uk/?id=lw_mediation
Who qualifies for pro bono help?
• Applicant exempt from court fees or on means tested benefits • Applicant cannot afford to pay • No fixed financial criteria – case by case approach • No family or neighbourhood disputes
LAWWORKS MEDIATION
www.lawworks.org.uk
Email: Lavinia Shaw-Brown: [email protected]
Telephone: 020 7090 7354
Tea and Networking - 1600
The Institutions of Mediation Bill Wood QC
Members Annual Open Debate Moderator – Jonathan Dingle Please raise a hand for a microphone
Fifth National Conference Manchester – 10
th