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How to Master Workplace and Employment Mediation [Pehme köide]

  • Formaat: Paperback / softback, 344 pages, kõrgus x laius: 248x156 mm, kaal: 596 g
  • Sari: How To...
  • Ilmumisaeg: 18-Jun-2015
  • Kirjastus: Bloomsbury Professional
  • ISBN-10: 1780437943
  • ISBN-13: 9781780437941
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  • Formaat: Paperback / softback, 344 pages, kõrgus x laius: 248x156 mm, kaal: 596 g
  • Sari: How To...
  • Ilmumisaeg: 18-Jun-2015
  • Kirjastus: Bloomsbury Professional
  • ISBN-10: 1780437943
  • ISBN-13: 9781780437941
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, partly due to few practical tools to help. The formal processes designed to deal with workplace disputes including grievance procedures and employment tribunals, are as much a part of the problem as they are the solution. The UK has a history of relying on an ever-increasing array of statutory rights to protect employees from mistreatment. However, statutory machinery can be a major distraction to identifying and dealing with underlying employee and industrial relations issues. The compelling business case for productive workplace relationships is helping organisations to realise that there is a real need to focus on behaviours that will lead to solutions rather than financial compensation. How to Master Workplace and Employment Mediation is a best practice guide that unearths all the myths surrounding mediation and outline how it can add value to the employment relationship. It deals with aspects of both workplace (ongoing working relationship) and employment (post-employment relationship) mediation. It includes case studies and workplace template documentation. Contents: Chapter 1: Introduction Chapter 2: The changing world of work Chapter 3: Conflict at work Chapter 4: The business case for mediation Chapter 5: Mediation in the workplace Chapter 6: Setting up an in-house mediation scheme Chapter 7: Making mediation work Chapter 8: Representatives in mediation Chapter 9: Case studies Chapter 10: Mediation documentation Chapter 11: Mediator skills Chapter 12: The future of workplace mediation

Arvustused

...a timely book from Clive Lewis, a leading mediator with a background in HR. Where the book really comes alive is in the detailed case studies peppered throughout the book. Lewis is a natural story teller and draws out rich, salient (anonymised) examples from his experience as a mediator -- Jonny Gifford * In a Nutshell, Issue 512 *

Muu info

How to Master Workplace and Employment Mediation is a best practice guide that unearths all the myths surrounding mediation and outlines how it can add value to the employment relationship. It deals with aspects of both workplace (ongoing working relationship) and employment (post-employment relationship) mediation.
Preface v
Chapter 1 The Changing World of Work 1(36)
The changing world of work
1(1)
Trade unions
2(3)
Acas/tribunal handling
5(2)
SETA
7(1)
Characteristics of the parties
7(1)
Mediation
7(1)
Employee relations
8(3)
The post-war era
8(1)
Political and economic change of the 1980s and beyond
9(1)
Post-recession period
9(1)
Trust
10(1)
Learning and development
10(1)
Meaningful and engaging work
11(1)
Fair and fulfilling reward
11(1)
The five-generation workplace
11(2)
Corporate scandals
13(2)
CEO tenure
15(1)
Trust and leadership
16(4)
Globalisation
20(2)
Developing countries
20(2)
Financial crisis
22(1)
Increasing use of technology
23(1)
Employee flexibility
23(1)
Diversity
24(2)
Health and wellbeing
26(2)
Immigration
28(1)
Inequality
29(1)
Red tape (bureaucracy)
30(1)
Cost of living increases
31(1)
Case Study
32(5)
The age divide
32(4)
Observations
36(1)
Chapter 2 Conflict at Work 37(40)
Conflict at work
37(2)
What is conflict?
39(8)
Conflict responses
43(1)
Why do we get into conflict?
43(4)
History of conflict
47(1)
Needs
48(2)
Why do we get stuck in conflict?
50(2)
Conflict defines us and gives our life meaning
50(1)
Conflict gives us energy
50(1)
Conflict ennobles our misery
50(1)
Conflict safeguards our personal space
51(1)
Conflict creates intimacy
51(1)
Conflict camouflages our weaknesses
51(1)
Conflict powerfully communicates what we honestly feel
51(1)
Conflict gets results
51(1)
Conflict makes us feel righteous
52(1)
Conflict prompts change
52(1)
Conflict and teams
52(5)
Teamwork and controversy
55(2)
Resolving conflict
57(2)
Do you want an on-going relationship with your opponent?
57(1)
Attempt to meet and talk at the earliest moment
58(1)
Be prepared to listen
58(1)
Outline the issue
58(1)
Encourage a response
59(1)
Managing difficult conversations
59(2)
Key Skills
60(1)
Why managers find it difficult
60(1)
Emotional intelligence and conflict
61(3)
What does this mean for conflict?
62(1)
Self-awareness
62(1)
Self-management
63(1)
Social awareness
63(1)
Social skills
63(1)
Case Study
64(13)
Women and computers
64(8)
Observations
72(5)
Chapter 3 The Business Case for Workplace Mediation 77(22)
The business case for mediation
77(2)
Advantages of a conflict resolution strategy
79(1)
The effectiveness of mediation
80(1)
Preventative and remedial approaches
81(2)
The cost-effectiveness of mediation
83(3)
The mediation process
86(1)
Mediation in the boardroom - the benefits
87(1)
Example of mediation integration
87(2)
Benefits and achievements
88(1)
Case Study
89(10)
All boxed in
89(6)
Observations
95(4)
Chapter 4 Story Telling in Mediation 99(26)
The power of storytelling in mediation
99(1)
Sharing our experiences
99(1)
The objective of listening to conflict stories
100(5)
The hidden story
101(1)
Listening for the hidden story
102(1)
Hearing truth
103(2)
Conflict narrative types
105(7)
Losing control
106(1)
Difference
107(3)
Issues that cut deep
110(2)
Transformation and failure
112(2)
Ten ways of bringing conflict stories to life
114(1)
Case Study
115(10)
Stabbed in the back
115(7)
Observations
122(3)
Chapter 5 Mediation in the Workplace 125(30)
Mediation in the workplace
126(1)
Background
126(6)
Resolving Workplace Disputes: Government response to the consultation (2011)
129(1)
Employment tribunal review
130(1)
Early conciliation
130(2)
What is mediation?
132(2)
Models of mediation
134(8)
The difference between employment and workplace mediation
135(3)
Team and multi-party mediation
138(3)
Judicial mediation - Employment Tribunals (England and Wales)
141(1)
Mediation confidentiality and mediator privilege
142(2)
Mediator/party protection
144(1)
International mediation and European developments
145(1)
Mediation in Europe
145(2)
Why mediation works
147(2)
Case Study
149(6)
Whose dispute is it?
149(4)
Observations
153(2)
Chapter 6 Setting Up an In-house Mediation Scheme 155(24)
Setting up and in-house mediation scheme
155(7)
Step 1: secure buy-in
155(1)
Step 2: organisation design
156(2)
Step 3: accredited mediation training
158(1)
Step 4: Mediation Protocol
159(1)
Step 5: performance evaluation
160(1)
Step 6: awareness sessions
160(1)
Step 7: risk management
161(1)
Step 8: mediation documentation
161(1)
Step 9: mediate
162(1)
Mediation and organisation diagnostics
162(6)
Case Study
168(11)
I hate you
168(8)
Observations
176(3)
Chapter 7 Making Mediation Work 179(14)
Making mediation work
179(1)
Mediators
179(2)
Training
179(1)
CPD/continual learning
179(1)
Commitment
180(1)
Ethics
180(1)
Parties
181(1)
Willingness to try
181(1)
Explore the options
181(1)
Trust the mediation process
181(1)
Be prepared to give something up
181(1)
Show up and be present physically, mentally, emotionally and spiritually
182(1)
Commissioner
182(1)
Appoint the right mediator
182(1)
Mediation briefing for mediator and parties
183(1)
Authority to settle
183(1)
Availability to step in and make or authorise a decision
183(1)
Work with agreed outputs where required
184(1)
The organisation
184(1)
The mediation industry
184(1)
Case Study
185(8)
United by death
185(6)
Observations
191(2)
Chapter 8 Mediation Advocacy and Representatives in Mediation 193(26)
Mediation advocacy and representatives in mediation
193(1)
How and when lawyers may become involved in mediation
193(1)
Existing commercial clients
194(1)
New commercial and private individual clients
194(1)
Overview of the mediation process
194(2)
When a lawyer should suggest mediation
196(1)
When mediation might be appropriate
196(1)
Explaining the benefits of mediation to your client
197(1)
Dispelling the myths about mediation for your client
198(1)
The role of the lawyer representative/mediation advocate during mediation
199(2)
Before mediation commences
199(1)
The situation
200(1)
The agreement to mediate
200(1)
During mediation
201(1)
First session with mediator
201(4)
Mediator's opening - joint session
201(1)
Caucus sessions
202(1)
Negotiation
203(2)
After mediation
205(1)
When mediation is successful (agreement)
205(1)
When mediation is unsuccessful (escalation)
206(1)
Practical differences between litigation and mediation for the advocate
206(3)
Approach and style of the lawyer
206(1)
Attitude towards the mediator and the other party
207(1)
Timing, prices and practicalities
207(1)
The service experience and client relationship development
208(1)
Summary of dos and don'ts during mediation
209(2)
Case Study
211(8)
A question of advice
211(7)
Observations
218(1)
Chapter 9 Mediator Skills 219(32)
Mediator skills
219(1)
Mediator skills survey
220(3)
Mediator competencies
221(1)
Planning
221(1)
Managing the process
222(1)
Communication
222(1)
Creativity
222(1)
Facilitating
223(1)
Continuous Professional Development
223(1)
Communication styles
224(5)
Listening
224(1)
Empathetic listening
225(1)
Questioning
226(1)
Acknowledgment
227(1)
Soliciting
227(1)
Mirroring
227(1)
Reframing
228(1)
Inviting elaboration
228(1)
Responding
228(1)
Summarising
229(1)
Validating
229(1)
Non-verbal communication
229(1)
Problem solving and creativity
230(2)
Defining the problem accurately
230(1)
Using silence
230(1)
Generating ideas for solutions
230(1)
Clustering
231(1)
Give the parties something to do
231(1)
Using praise
231(1)
Taking a break
231(1)
Using the party's name
231(1)
Remaining deadpan
232(1)
BATNA and WATNA
232(3)
Sharing BATNA/WATNA information between parties
234(1)
Reaching and recording settlement
235(1)
Dealing with emotion
236(3)
Mediator skills summary
239(2)
Case Study
241(10)
The case of race
241(6)
Observations
247(4)
Chapter 10 The Future of Workplace Mediation 251(26)
The future of mediation in the workplace
251(3)
Raising awareness and increasing use of mediation in the workplace
254(2)
Advisers - internal and external legal advisers
254(1)
Organisations - management - and HR-related functions)
255(1)
Trade unions
255(1)
Preventative and remedial measures
256(1)
UK skills
257(1)
McLeod Review on Employee Engagement
257(1)
Mental health
257(5)
Borderline personality (BP)
258(1)
Narcissistic personality (NP)
259(1)
Antisocial personalities (ASP)
260(1)
Histrionic personalities (HP)
261(1)
Fraud cases
262(5)
The role of mediation in fraud cases
265(2)
HR and legal trainees
267(1)
Finally - the power of mediation
268(1)
Case Study
269(8)
A case of mistaken identity
269(6)
Observations
275(2)
Chapter 11 Mediation Documentation 277(38)
The Mediation Commissioning Process
277(3)
Letter to Mediation Commissioner
280(1)
Letter to Mediator
281(2)
Letter to Assistant Mediator
283(1)
Information for Parties Taking Part in Mediation
284(3)
Information for Parties Taking Part in Team Mediation
287(3)
Pre-Mediation Questions
290(1)
Agreement to Mediate
291(2)
Mediation Feedback Form
293(1)
Feedback Form - Assistant Mediator
294(1)
European Code of Conduct for Mediators
295(3)
Employment and Workplace Mediation - The Mediator's Opening Statement
298(1)
Mediation Complaints Procedure
299(1)
Workplace Mediation Protocol
300(5)
Sample Mediation Clauses
305(3)
Outputs of Mediation Session Example Templates
308(1)
Outputs of Session Between WR and JS on Wednesday 8 February 2012
308(1)
Outputs of Mediation Session at Secondary School
309(1)
Outputs of Mediation Session at Charitable Organisation
310(1)
Outputs of Mediation Session at Health Organisation
311(1)
Private and Confidential: Outcome of Mediation Discussion with BL and HW 18 May 2010
312(1)
Outputs of Mediation Session - HE And MM (IS) 24 June 2014 (Health Sector)
313(1)
Outputs of Mediation Session Between PC And SB (IS) 31 July 2014
314(1)
Index 315
In 2004, Clive Lewis became one of the UKs first HR Professionals to train as a civil and commercial mediator. He now specialises in mediating employment and workplace disputes. He is the author of ten books and is currently the UKs most published author on the topic of mediation in the workplace. He has mediated more than 400 disputes and has advised governments including Algeria and Jordan. Clive has been a Board member of the Civil Mediation Council since 2009 who advise the UK Government. A former HR director, Clive is the founding director of an international mediation consultancy.

Clive also serves as a Non-Executive Director in the NHS, is Vice Chair of a leading Multi Academy Trust and is Trustee of the National Youth Jazz Orchestra. He was awarded an OBE for his contribution to the field of mediation in 2011 and was appointed as a Deputy Lieutenant in 2012.