Enhanced descriptions from Syndetics:

Mediation in the workplace is growing in popularity as a dispute resolution option for UK organisations. The management of conflict at work is not easy and this is partly due to there being few practical tools to help. How to Master Workplace and Employment Mediation provides these tools.

Key topics covered in How to Master Workplace and Employment Mediation, include: The business case for mediation in the workplace; Setting up an in-house mediation scheme; Making mediation work; Mediation advocacy and representatives in mediation; Mediator skills; The future of workplace mediation; Mediation documentation.

How to Master Workplace and Employment Mediation will prove essential reading for anyone involved in workplace and employment mediation, including HR professionals, mediators, lawyers, company secretaries and trade union representatives.

Table of contents provided by Syndetics

• Preface (p. v)
• Chapter 1 The Changing World of Work (p. 1)
• The changing world of work (p. 1)
• Trade unions (p. 2)
• Acas/tribunal handling (p. 5)
• SETA (p. 7)
• Characteristics of the parties (p. 7)
• Mediation (p. 7)
• Employee relations (p. 8)
• The post-war era (p. 8)
• Political and economic change of the 1980s and beyond (p. 9)
• Post-recession period (p. 9)
• Trust (p. 10)
• Learning and development (p. 10)
• Meaningful and engaging work (p. 11)
• Fair and fulfilling reward (p. 11)
• The five-generation workplace (p. 11)
• Corporate scandals (p. 13)
• CEO tenure (p. 15)
• Trust and leadership (p. 16)
• Globalisation (p. 20)
• Developing countries (p. 20)
• Financial crisis (p. 22)
• Increasing use of technology (p. 23)
• Employee flexibility (p. 23)
• Diversity (p. 24)
• Health and wellbeing (p. 26)
• Immigration (p. 28)
• Inequality (p. 29)
• Red tape (bureaucracy) (p. 30)
• Cost of living increases (p. 31)
• Case Study (p. 32)
• The age divide (p. 32)
• Observations (p. 36)
• Chapter 2 Conflict at Work (p. 37)
• Conflict at work (p. 37)
• What is conflict? (p. 39)
• Conflict responses (p. 43)
• Why do we get into conflict? (p. 43)
• History of conflict (p. 47)
• Needs (p. 48)
• Why do we get stuck in conflict? (p. 50)
• Conflict defines us and gives our life meaning (p. 50)
• Conflict gives us energy (p. 50)
• Conflict ennobles our misery (p. 50)
• Conflict safeguards our personal space (p. 51)
• Conflict creates intimacy (p. 51)
• Conflict camouflages our weaknesses (p. 51)
• Conflict powerfully communicates what we honestly feel (p. 51)
• Conflict gets results (p. 51)
• Conflict makes us feel righteous (p. 52)
• Conflict prompts change (p. 52)
• Conflict and teams (p. 52)
• Teamwork and controversy (p. 55)
• Resolving conflict (p. 57)
• Do you want an on-going relationship with your opponent? (p. 57)
• Attempt to meet and talk at the earliest moment (p. 58)
• Be prepared to listen (p. 58)
• Outline the issue (p. 58)
• Encourage a response (p. 59)
• Managing difficult conversations (p. 59)
• Key Skills (p. 60)
• Why managers find it difficult (p. 60)
• Emotional intelligence and conflict (p. 61)
• What does this mean for conflict? (p. 62)
• Self-awareness (p. 62)
• Self-management (p. 63)
• Social awareness (p. 63)
• Social skills (p. 63)
• Case Study (p. 64)
• Women and computers (p. 64)
• Observations (p. 72)
• Chapter 3 The Business Case for Workplace Mediation (p. 77)
• The business case for mediation (p. 77)
• Advantages of a conflict resolution strategy (p. 79)
• The effectiveness of mediation (p. 80)
• Preventative and remedial approaches (p. 81)
• The cost-effectiveness of mediation (p. 83)
• The mediation process (p. 86)
• Mediation in the boardroom - the benefits (p. 87)
• Example of mediation integration (p. 87)
• Benefits and achievements (p. 88)
• Case Study (p. 89)
• All boxed in (p. 89)
• Observations (p. 95)
• Chapter 4 Story Telling in Mediation (p. 99)
• The power of storytelling in mediation (p. 99)
• Sharing our experiences (p. 99)
• The objective of listening to conflict stories (p. 100)
• The hidden story (p. 101)
• Listening for the hidden story (p. 102)
• Hearing truth (p. 103)
• Conflict narrative types (p. 105)
• Losing control (p. 106)
• Difference (p. 107)
• Issues that cut deep (p. 110)
• Transformation and failure (p. 112)
• Ten ways of bringing conflict stories to life (p. 114)
• Case Study (p. 115)
• Stabbed in the back (p. 115)
• Observations (p. 122)
• Chapter 5 Mediation In the Workplace (p. 125)
• Mediation in the workplace (p. 126)
• Background (p. 126)
• Resolving Workplace Disputes: Government response to the consultation (2011) (p. 129)
• Employment tribunal review (p. 130)
• Early conciliation (p. 130)
• What is mediation? (p. 132)
• Models of mediation (p. 134)
• The difference between employment and workplace mediation (p. 135)
• Team and multi-party mediation (p. 138)
• Judicial mediation û Employment Tribunals (England and Wales) (p. 141)
• Mediation confidentiality and mediator privilege (p. 142)
• Mediator/party protection (p. 144)
• International mediation and European developments (p. 145)
• Mediation in Europe (p. 145)
• Why mediation works (p. 147)
• Case Study (p. 149)
• Whose dispute is it? (p. 149)
• Observations (p. 153)
• Chapter 6 Setting Up an in-house Mediation Scheme (p. 155)
• Setting up and in-house mediation scheme (p. 155)
• Step 1 Secure buy-in (p. 155)
• Step 2 Organisation design (p. 156)
• Step 3 Accredited mediation training (p. 158)
• Step 4 Mediation Protocol (p. 159)
• Step 5 Performance evaluation (p. 160)
• Step 6 Awareness sessions (p. 160)
• Step 7 Risk management (p. 161)
• Step 8 Mediation documentation (p. 161)
• Step 9 Mediate (p. 162)
• Mediation and organisation diagnostics (p. 162)
• Case Study (p. 168)
• I hate you (p. 168)
• Observations (p. 176)
• Chapter 7 Making Mediation Work (p. 179)
• Making mediation work (p. 179)
• Mediators (p. 179)
• Training (p. 179)
• CPD/continual learning (p. 179)
• Commitment (p. 180)
• Ethics (p. 180)
• Parties (p. 181)
• Willingness to try (p. 181)
• Explore the options (p. 181)
• Trust the mediation process (p. 181)
• Be prepared to give something up (p. 181)
• Show up and be present physically, mentally, emotionally and spiritually (p. 182)
• Commissioner (p. 182)
• Appoint the right mediator (p. 182)
• Mediation briefing for mediator and parties (p. 183)
• Authority to settle (p. 183)
• Availability to step in and make or authorise a decision (p. 183)
• Work with agreed outputs where required (p. 184)
• The organisation (p. 184)
• The mediation industry (p. 184)
• Case Study (p. 185)
• United by death (p. 185)
• Observations (p. 191)
• Chapter 8 Mediation Advocacy and Representatives in Mediation (p. 193)
• Mediation advocacy and representatives in mediation (p. 193)
• How and when lawyers may become involved in mediation (p. 193)
• Existing commercial clients (p. 194)
• New commercial and private individual clients (p. 194)
• Overview of the mediation process (p. 194)
• When a lawyer should suggest mediation (p. 196)
• When mediation might be appropriate (p. 196)
• Explaining the benefits of mediation to your client (p. 197)
• Dispelling the myths about mediation for your client (p. 198)
• The role of the lawyer representative/mediation advocate during mediation (p. 199)
• Before mediation commences (p. 199)
• The situation (p. 200)
• The agreement to mediate (p. 200)
• During mediation (p. 201)
• First session with mediator (p. 201)
• MediatorÆs opening û joint session (p. 201)
• Caucus sessions (p. 202)
• Negotiation (p. 203)
• After mediation (p. 205)
• When mediation is successful (agreement) (p. 205)
• When mediation is unsuccessful (escalation) (p. 206)
• Practical differences between litigation and mediation for the advocate (p. 206)
• Approach and style of the lawyer (p. 206)
• Attitude towards the mediator and the other party (p. 207)
• Timing, prices and practicalities (p. 207)
• The service experience and client relationship development (p. 208)
• Summary of dos and donÆts during mediation (p. 209)
• Case Study (p. 211)
• A question of advice (p. 211)
• Observations (p. 218)
• Chapter 9 Mediator Skills (p. 219)
• Mediator skills (p. 219)
• Mediator skills survey (p. 220)
• Mediator competencies (p. 221)
• Planning (p. 221)
• Managing the process (p. 222)
• Communication (p. 222)
• Creativity (p. 222)
• Facilitating (p. 223)
• Continuous Professional Development (p. 223)
• Communication styles (p. 224)
• Listening (p. 224)
• Empathetic listening (p. 225)
• Questioning (p. 226)
• Acknowledgment (p. 227)
• Soliciting (p. 227)
• Mirroring (p. 227)
• Refraining (p. 228)
• Inviting elaboration (p. 228)
• Responding (p. 228)
• Summarising (p. 229)
• Validating (p. 229)
• Non-verbal communication (p. 229)
• Problem solving and creativity (p. 230)
• Defining the problem accurately (p. 230)
• Using silence (p. 230)
• Generating ideas for solutions (p. 230)
• Clustering (p. 231)
• Give the parties something to do (p. 231)
• Using praise (p. 231)
• Taking a break (p. 231)
• Using the partyÆs name (p. 231)
• Remaining deadpan (p. 232)
• BATNA and WATNA (p. 232)
• Sharing BATNA/WATNA information between parties (p. 234)
• Reaching and recording settlement (p. 235)
• Dealing with emotion (p. 236)
• Mediator skills summary (p. 239)
• Case Study (p. 241)
• The case of race (p. 241)
• Observations (p. 247)
• Chapter 10 The Future of Workplace Mediation (p. 251)
• The future of mediation in the workplace (p. 251)
• Raising awareness and increasing use of mediation in the workplace (p. 254)
• Advisers û internal and external legal advisers (p. 254)
• Organisations û management û and HR-related functions) (p. 255)
• Trade unions (p. 255)
• Preventative and remedial measures (p. 256)
• UK skills (p. 257)
• McLeod Review on Employee Engagement (p. 257)
• Mental health (p. 257)
• Borderline personality (BP) (p. 258)
• Narcissistic personality (NP) (p. 259)
• Antisocial personalities (ASP) (p. 260)
• Histrionic personalities (HP) (p. 261)
• Fraud cases (p. 262)
• The role of mediation in fraud cases (p. 265)
• HR and legal trainees (p. 267)
• Finally û the power of mediation (p. 268)
• Case Study (p. 269)
• A case of mistaken identity (p. 269)
• Observations (p. 275)
• Chapter 11 Mediation Documentation (p. 277)
• The Mediation Commissioning Process (p. 277)
• Letterio Mediation Commissioner (p. 280)
• Letterio Mediator (p. 281)
• Letter to Assistant Mediator (p. 283)
• Information for Parties Taking Part in Mediation (p. 284)
• Information for Parties Taking Part in Team Mediation (p. 287)
• Pre-Mediation Questions (p. 290)
• Agreement to Mediate (p. 291)
• Mediation Feedback Form (p. 293)
• Feedback Form û Assistant Mediator (p. 294)
• European Code of Conduct for Mediators (p. 295)
• Employment and Workplace Mediation û The MediatorÆs Opening Statement (p. 298)
• Mediation Complaints Procedure (p. 299)
• Workplace Mediation Protocol (p. 300)
• Sample Mediation Clauses (p. 305)
• Outputs of Mediation Session Example Templates (p. 308)
• Outputs of Session Between WR and JS on Wednesday 8 February 2012 (p. 308)
• Outputs of Mediation Session at Secondary School (p. 309)
• Outputs of Mediation Session at Charitable Organisation (p. 310)
• Outputs of Mediation Session at Health Organisation (p. 311)
• Private and Confidential: Outcome of Mediation Discussion with BL and HW 18 May 2010 (p. 312)
• Outputs of Mediation Session û HE And MM (IS) 24 June 2014 (Health Sector) (p. 313)
• Outputs of Mediation Session Between PC And SB (IS) 31 July 2014 (p. 314)
• Index (p. 315)

Author notes provided by Syndetics