Does justice always have to mean ‘punishment’?

Home Secretary Yvette Taylor recently expressed horror (1) when hearing that community resolution was applied in 10,160 incidents of "serious violence" - about 12 times the figure for five years ago. She described the figures as ‘very serious’ and that this it is ‘letting people off.’ She added "That's bad for justice, bad for victims and goes against all the evidence."

Community Resolution is a well established victim-led resolution technique, in many cases including a mediation-style ‘restorative’ dialogue.  Yvette Taylor’s comments are understandable but fill me with dismay as they focus on the potentially negative aspects of a mediation-style resolution process which generally has well-evidenced success.

Association of Chief Police Officer's representative Assistant Chief Constable Garry Shewan speaks positively about how community resolution “will be victim-led and above all reflect their views and wishes." Closure for many victims is an important part of justice. Just like mediation, people who may be responsible for bad behavior also get the chance to move on.

ACC Shewan continues "Going through a restorative justice meeting has also been proven to have more impact on an offender than a prison sentence or a court punishment alone, as they see the consequences of their actions and so want to make changes in their future behaviour."

Mediation in the workplace is also uniquely win/win. It challenges conventional views of justice and often generates strong negative reactions. On other hand those who try mediation very soon see its benefits.

There is good learning here for organisations that are thinking of using a workplace mediator or setting up an in-house mediation service.

1.   Do not push people into mediation – it must be their choice

2.   Mount a campaign to promote the many benefits of mediation alongside the risks.

3.   Do not use mediation in cases where it would send out the wrong message and where a more formal, disciplinary approach might be more suitable.

4.   Make sure you are really thorough in measuring the cost of conflict and the subsequent cost benefits of mediation when used appropriately.

5.   Be persistent and resilient as mediation is always put under much more scrutiny than other more legalistic, formal approaches.

So what have you done in your organisation to overcome negative views of mediation?

John Crawley

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[1] http://www.bbc.co.uk/news/uk-22346971

The ‘root’ to resolving workplace conflict - an insight into our process

The root to resolving workplace conflict

Every first phone call we receive from a client organisation paints an individual problem scenario of workplace conflict. And while there are unique aspects to each situation, many will share common themes that help guide us along the appropriate route to resolution and closure for all stakeholders.

A return to work clouded in anxieties, interpersonal clashes within a whole team, an under performing manager - all of these could be perceived as being ripe for mediation. But conflict has roots, often buried beneath the surface, which can make an immediately obvious solution hard to spot.

Mapping the conflict picture

The key is to try and map the ‘conflict picture’, complete with roots and branches, to indicate which interventions will work most effectively and in which order. We also look at risks (such as imminence of a grievance being raised or a person leaving) and what is the end goal we want to reach. This isn't to say that all workplace conflict can be ‘solved’ in a scientific manner - we’re dealing with people here - but it certainly helps gain a handle on the situation.

For example, if there is a fallout within a group of employees, it is worth examining whether there is a line management issue underneath, or perhaps a hotspot between two individuals that is causing others to take sides. Informal one-to-ones with each member of the team can go a long way to making everyone’s concerns feel heard and to pinpoint the conflict anchor.

By taking things a level deeper, it may become obvious that conducting a group mediation ‘cold’ might not be the best approach; it could be better to mediate between two people at the centre, and/or provide some coaching or training for the manager to take ownership of their team’s respectful co-worker behaviour. When all the pieces are in place, in the right order, the situation can be brought to a close for everyone to move forward.

In this way, mediation becomes one of many tools available to employ at the appropriate time. Training, either before or after a conflict situation, is very effective in moving towards a culture where tensions are addressed early (and therefore do not require costly time and resource to handle), and where mediations and investigations are carried out by competent internal individuals.

We have over 20 years expertise in helping organisations with workplace mediation, investigations and training, using our network of UK wide specialists. If you have any conflict questions, or a current case or would like to speak to us about, we’d be happy to hear from you. Contact us at information@peopleresolutions.com 

Metropolitan Police accused of racism by white police officers

The officers, from the Territorial Support Group, are taking the Metropolitan Police to an employment tribunal - but accuse the force of delaying tactics.  One of the officers said he now had nothing but contempt for the force.  Scotland Yard says it rejects the claims and will contest them in court.

This has occurred after the 6 were tried and acquitted in a trial relating to alleged race-related assaults.  The officers accused Scotland Yard of charging them due to fear it would be accused of institutional racism if it did not act on the complaint made by a black officer.

One of the officers stated that "If it had been a white officer making that allegation, then the matter would have been dealt with in-house there and then. That would have been the end of it."

What will the next generation of workers demand from their

Recent research by Siemens Enterprise Communications, has shown that one in four teenagers will expect to be provided with a smartphone for their job, whilst more than one in six will want Facebook access during work time.  In addition, of those surveyed, 40% wanted a laptop when they start work, and a further 13% also anticipated a tablet such as the iPad.

The reasons for this seem to be rooted in the mirroring of the available technology from teenagers home lives, into the workplace.  This kind of technology, and access to social networks, is seen as normal in their home live, so they see the use of them in the workplace as a natural progression.

However whilst the cost of providing staff with this kind of technology may be expensive, it also appears to come with a few upsides for employers.  Most teenagers surveyed believe it will help them to increase their productivity, and nearly 70% of respondents to the survey said that smartphones and tablets will make it easier to do their jobs.  Over half said it would make them more efficient in the workplace.

Let us know what you think.  Is advanced and readily available technology in the workplace a help or a hindrance?

Should caste discrimination be included in The Equality Act 2010?

After the landmark case of Mr and Mrs Begraj against the law firm that employed them both, there is now increasing pressure on the government to activate a provision included in the original Act to add caste to the current definition of race.

Whilst the case in question is re-scheduled for next year, the discussion of whether or not to add caste discrimination to the Act rumbles on, however the government seem to be reluctant to move forward with it.

The Anti Caste Discrimination Alliance (ACDA) said "we have brought our findings to the Government and they seem now to have kicked it into the long grass, it has baffled us and we wonder whether there may be outside influences at play. It's been over nine months now."

Let us know what you think...

New BBC Three show to help unemployed find work

Seven employers (Argos, Greggs, Hilton Worldwide, Scottish Power, Starbucks, Timpson and Virgin Media) have joined forces with BBC Three to offer paid placements to unemployed people, with a total of 23 paid placements.

The show titled 'Up for Hire' which launches on 20 October, aims to address the challenging issues of getting the unemployed work opportunities. All placements are for three months initially, apart from Virgin Media, which has a one-year apprenticeship on offer.