Description
Understanding that people are emotionally constructed to respond to positive stimuli in all situations is key to recognizing the underlying structure of an unproductive employee.
Can
employers
afford
to waste
time?
Written by
Nancy Peterson, M. Med.
With Contributions by
Dr. Frank Hanna
2
Employer Reality Check
What are the issues facing employers and employees today?
•Productivity – Unhappy employees are under motivated
Understanding that people are emotionally constructed to respond to positive stimuli in all situations is key to recognizing the under-
lying structure of an unproductive employee. When the emotional environment is unpleasant or tense, the result is often employees
who stop caring, or view their 8 to 5 life as “just a job.” No one comes into employment with this attitude, sure sometimes people
take a job as an end to means—a stop gap before the career kicks in, but all accept a position with the belief that it will provide
money in exchange for services and will not cause emotional or physical harm.
•Motivation – When employees feel left out, they stop trying
Inclusion, as mediators know very well, is a vital part of building communication—and as mediators we see the result when people
are “left out” of the loop. The reaction of employees who feel they have been excluded from areas where they were formerly included
can be anger or sadness, but most often, they just stop trying. What that means to an employer is they are present for their eight hour
day, but they stop inventive contributing and often begin to sow a seed of discontent among other employees. Employers can usually
rectify problems, if caught early enough, by holding meetings where all members are encouraged to offer ideas, and having an “open
door” policy where issues are listened to with consideration and respect.
•Non cooperative co workers – Perception and misperception
We have all been a part of or a witness to a workplace that is troubled with tense, non communicative and malcontented staff. It is a
palpable presence of unhappiness on the low end of disagreeing co-workers or outright hatred on the high end. When people stop
communicating and decide subjectively to analyze the thoughts or intent of others, misperception abounds. Often such a situation can
go on under the surface for years—causing work related stress, illness, decreased productivity, absenteeism and an unnecessarily
miserable life for 40-hours of the week. Employers and human resource professionals can make a difference in the lives of employ-
ees, but only if they get involved early enough and create an environment where conflict management is available. Whether the com-
pany chooses to instigate an inter office peer mediation program, or retains a contract mediator to keep balance—the goal is to offer a
haven from misperception and an occasion of communication where issues may be made transparent and remedied.
•Legal Issues – Tribunals Lawsuits and EOC complaints happen without warning
When problems, such as outlined above, go unnoticed—trouble of one kind or another is
likely. It is a unnecessary risk to ignore or avoid employee problems. Communication,
training, and awareness are the employers best tools for success. Providing a forum or
offering to listen with an open mind to complaints or concerns is many times all it takes to
avoid unnecessary lawsuits or the filing of an EOC complaint. When the difficulty
becomes “bigger” than the capabilities of the employer, mediators, and or attorneys should
be consulted for their professional guidance.
•Attrition – The cost of replacing staff is enormous
“Replacement of an employee may be up to 2.5 times his or her annual salary” —Gallup Polls.
Replacing staff lost needlessly to an issue that could have or should have been resolved is
an unnecessary expense both financially and emotionally for a company and its staff.
Taking early preventative measures to stop unnecessary staff loss saves money, keeps
existing staff from fracturing, and may prevent needless lawsuits.
3
What happens when communication
fails in a workplace environment?
We have all been there. We know how miserable a job can become due to problems between staff.
In the 1980’s Frank Hanna was the senior partner in one of the most successful law firms in Northern Ireland,
Francis Hanna and Company. The law office was a heritage rich, family business. Many of the staff had been in
place for years and had served for three generations of the family business. The building they occupied was lo-
cated in a prime business area within blocks of the court house and consisted of three floors. As with all business,
its success was in part due to Frank’s leadership, but even more attributable to the loyal staff that remained a
constant during the 40 years of operation.
One day Frank told his secretary to ask two women who worked in a small department in the firm to gather information relative to a
case —Frank’s secretary replied, “You don’t expect me to go in there do you?” Baffled, Frank asked why this was a problem, and
was told the two women, although they worked in a room that was roughly the size of a child’s bedroom, had not spoken a word to
each other in over 14 months. The tension was palpable to everyone, and everyone but Frank avoided that little room like the
plague. Frank was shocked. Both women were close to Frank; each considered to be friends as well as employees—yet he had
passed them in the hallway, eaten lunch with them, had numerous cups of tea, and never known there was a problem of this magni-
tude. Apparently, the women who had been friends for years, had fallen out over some seemingly inconsequential problem that re-
sulted in the icy behavior, including note writing to communicate when absolutely necessary.
· What does this tell us about Dr. Hanna’s communication with his staff?
· What might have happened if he hadn’t intervened?
· What do you think the rest of the office thought about the situation?
· Do you think people in the office took sides?
Before this incident, Frank would have believed that he was approachable and knowledgeable about employee relationships. The
situation, which had existed literally under his nose for months, taught Frank a valuable lesson which he has since used in every
mediation class he teaches– people are complex and relationships can erode quietly and cause serious damage to staff moral, pro-
ductivity and give rise to unpredictable outcomes including attrition, termination, and lawsuits.
Postscript;
Frank dealt with the situation “Irish style”—he called the two women into his office and gave
them £20 telling them to go to the pub down the road to drink until it was gone—and if after
doing so, they still had problems, come back only to get more money. Obviously, today telling
employees to go and have a pint may not be the most prudent of plans, but the idea is solid—
giving the women a chance, in a neutral location, to come to some agreement. And if they didn’t,
Frank’s instructions were to come back and tell him—in which case he said he’d give them more
money, but in reality, they all knew this meant he’d become more involved in helping find a
solution. Ultimately Frank’s action showed he cared, and they were in no doubt that they needed
to reach some sort of resolution to the personal problems that were now impacting their
workplace.
Today solutions for problematic staff conflict range from offsite counseling, mediation,
conciliation, and in some cases; inter-office peer mediation programs.
4
How does a manager deal with a
non communicative employee?
What happens when an employee is obviously upset, but refuses to talk?
When one person, for what ever reason, pathologically decides to “shut down” and withdraws into silence, what should you do? To
understand how to react to such an episode, you need to first understand what is the motivation behind the behavior. When people are
confronted with an increasingly out of control situation, they have a few options left to them to regain control; Aggression—raised
voice, physical violence or intimidation, emotional or physical retreat—removing themselves from the situation entirely, compli-
ance—downcast eyes, submissive response or weeping; or the one we will deal with here—passive aggressive behavior, which is
defined in the Diagnostic and Statistical Manual of Mental Disorders, as a "pervasive pattern of passive resistance to demands for
adequate social and occupational performance." To make sense of that rather weighty description, read on.
We have all either used the “shut-down” technique or been a victim of it. It is a skill learned from a very young age—
with children it is sometimes called a tantrum. Granted, as adults we aren’t likely to throw ourselves upon the ground
and kick and scream until we get what we want, but by using the “silent treatment” the hoped for result is the same. We
want whomever is witnessing our display to give us something; maybe just sympathy, maybe something more. In a me-
diation, a party may try to justify their position by simply stopping communication to allow their silent presence to ap-
ply pressure— and let me assure you it is a very uncomfortable moment for everyone concerned. The person may be
trying to convey a message such as;“No one cares about me, it just doesn’t matter what I say anyway. I might as well
just go…” How does a mediator deal with this kind of ‘dead silence’ behaviour? Firstly by recognising that the person has just used a
cold-blooded tactic to gain an advantage. How do we know this is a tactic? Remember if someone truly wanted to stop communicat-
ing, he or she would simply end the mediation and go. If the person really believed no one cared what she or he was saying, what
would be the point in staying? The hard fact is, when this behaviour is observed, the mediator can pretty much guarantee the person
wants to be soothed or cajoled into talking. This would give them validation that he or she had been treated unfairly—if a mediator
falls into this trap he or she may be jeopardy of losing their neutrality. Consider this scenario; if a person does leverage a mediator’s
clear sympathy in front of the other people involved in the dispute, there may be a perceived new advantage given to the newly
soothed person—and he or she may tell the others in the room;“See– the mediator understands me, and knows you’re not listening to
me! The mediator, in such a scenario, has quite a bit of recovery to do if the mediator is not now perceived as neutral.
When you help others to handle conflict...
· Can you identify the kind of emotions that are at play in mediation?
· Recognize passive / aggressive maneuvering?
· Deal with false submissive behavior?
· Deal with anger?
· Deflect tactical maneuvering?
· Can remain patient even in the most challenging situation?
· Can you remain perceptive to any shift in behavior of the parties?
· Recognise the difference between a negotiation technique and bad faith or stubbornness?
· Deal with your own neutrality issues should they become challenged?
The Mediation Agency’s 40-hour Training Programme teaches these skills and more.
5
How does a strong supervisor
deal with sensitive issues?
Strong leaders are widely sought by employers, but what happens when their strength is misperceived
by employees?
In 2006 we were contracted as mediators / conciliators to help a city office with an engineering department that had
become such a hot bed of discontent, that it had nearly stopped functioning. The manager of the office was a very
strong, successful female engineer. In fact, she was one of the first in the country to achieve a position as a woman
engineer. Obviously she didn’t get that far being meek! Her staff had mixed feelings—as an all female staff, they
were proud to be a part of her team—but had serious problems dealing with her temper.
When we interviewed human resource, and then each of the staff members individually, we found a common thread. Everyone was
using language that was unusual if heard once, but screamed collusion if heard several times; the phrase they all used during the
course of our interviews was, “She pulled her hair and gnashed her teeth.” Except for in fairy tails, neither of us had heard that ex-
pression used before or so often in the same context. Adding to the difficulty that you are now beginning to understand, was the staff
had additional issues with each other. Without going into more detail, suffice to say the problems stemmed from errors of perception,
and extremes of misperception. Whether or not this department would have eventually lifted themselves out of the emotional quag-
mire is debatable, but certainly the escalating problems had severely limited their productivity and ability to function as a group.
One revelation that may surprise you is the one common thread we discovered—the one area everyone could agree upon without
hesitation—the HR department had created more damage by doing nothing or appearing to do nothing. The HR staff were oblivious
to this fact—and believed they had done their job by keeping employee files up-to-date, and “actioning” each individual occurrence
with bureaucratic dedication. Sadly, this is a universal area of disconnect for many human resource departments and an area where
mediation techniques can help to restore communication and cohesiveness in the workplace.
Common workplace dispute issues arise from;
· Misperceptions or assumptions about others intentions or thoughts.
· Management or human resource department under reacting, or not keeping staff apprised of action taken, in answer to emotive
situations.
· Unstructured communication, or poorly managed and imbalanced staff meetings.
· Management fails to reward or compliment employees or does so in a biased way.
· Perceived imbalance in employee favoritism from management.
Mediation techniques are effective by;
· Offering a neutral forum for exposing the true interests of positional based issues.
· Showing employees that management is taking action by hiring professional mediators, or
establishing an inter-office peer mediation program to resolve workplace issues.
· Teaching management and human resource the principles of mediation and conciliation.
· Establishing a balanced and fair system for dealing with future workplace disputes.
6
What happens when employees sue for cause?
What kind of legal problems can be caused by employment issues?
Recently we “Googled” the phrase “lost productivity due to
workplace conflict” and got 14,000 hits. Does that surprise you?
Well be under no illusion as to the insidious power of conflict in
the workplace as it is the single greatest cause of diminished
profits in industry and the hidden malaise that can go unspotted
for incredible periods of time.
It is easy to find fault and to point the finger at different causes
or to be laid back and proclaim that as each case is different you
cannot possibly legislate for any commonality. That’s the lazy
approach but by using simple logic the realities become more
self evident.
Firstly we spend approximately a third of our adult life at work
so it makes sense to go as far as we can to ensure that our cir-
cumstances are as palatable as we can possibly make them.
However we are often not the ones who can dictate or control
what those circumstances are as that is the “boss’s job.” So we
sit back and wait to find some fault with the way things are done
and then make everyone’s life miserable by letting them know
that they are not to our satisfaction. I’ll bet that rings a bell with
all of us. He or she is the disgruntled worker who is never happy
about anything. We know loads of them. So how then do you
deal with problems such as this?
Here is a brief story of a case we mediated some years ago for
the EEOC in America. A plaintiff had filed a discrimination suit
against her employers alleging that she had been discriminated
against on the grounds of her disability. She suffered from Lupus
and also had the misfortune to be grossly overweight to such an
extent that she needed a special reinforced chair. This was pro-
vided and one day she was asked to relocate to a particular cor-
ner of the office which she duly did. It is right to point out that
her acquisition of the chair had taken months to achieve and one
particular HR officer had all but spent her patience on the pro-
ject. As fate would have
it the new work location
was illuminated with
bright neon lights which
proved to be very dam-
aging to the lady by
reason of her lupus. So
she immediately men-
tioned it to the self same HR lady who was not of a mind to put
herself out yet again so she instructed the employee to “put her
request in writing”. This was done and sent in the following day
and duly got pushed to the bottom of the pile.
Within days the employee was fast becoming ill and her com-
plaints were being treated as exaggeration and the move she re-
quested just didn’t happen. Time off work followed as did the
complaint to the EEOC which had the effect of, at least, getting
her the relocation she sought.
Now, take a step back from all of that and doubtless you will
agree that the actions of the HR officer were, to say the least,
tardy and to put it at its worst, reprehensible. You would be cor-
rect on both counts. When the issue came to us as mediators, the
solution was simple enough but ironically the most important
ingredient on the day was not an amount of dollars or a demand
for sensitivity training but simply an apology. The plaintiff
wanted to keep her job as she liked it, and just the recognition
that she had been wronged could be put right by giving a simple
apology—that would have been enough for her.
Suffice to say she got her apology but not without considerable
difficulty as it became clear that the HR lady was clinging to
phrases such as, “I followed the procedures….” And ……”the
matter was being dealt with in the normal way so what did I do
wrong?”
As you read this publication, the appreciation of communication
and understanding perceptions in the workplace will become
more and more apparent and
hopefully draw you to the
conclusion that workplace
mediation is long overdue.
What kind of legal problems can be caused by UK employment issues?
· EOC Complaints / tribunals - Whether founded or not, EOC action carries
serious consequence for employers.
· Law suits – Once an employee seeks a legal remedy, the company and em-
ployee loses in more ways than money can solve.
· Loss of staff – Beyond just the cost of replacement, losing an employee causes
stress among the remaining staff.
· Emotional violence – Gossip, or worse can occur when people are angry
enough to exact revenge.
· Physical violence – We all know the seriousness of this problem.
7
Stories from the battlefield:
An EEOC mediator reflects...
Dr. Frank Hanna was a contract mediator from 2000 to 2005 with the EEOC (similar to the EOC in the UK)
operating in Arizona, Nevada and New Mexico
During the over five years that Dr. Hanna contracted as a mediator for the United States Equal Employment Opportunities Commis-
sion, (EEOC) he developed an insightful perspective on how employers and employees get into trouble.
If you eliminate EEOC complaints that are lawfully based on sexual, religious, race, or national origin discriminatory issues; many
complaints result from bad communication, poor follow-through, training issues, or simply ignoring unpleasant situations. Dr.
Hanna watched during mediations as employer after employer was instructed by upper management to “settle” for nuisance value.
Why? Because it was less costly and reduced the chance of public scrutiny. The sad truth is most such cases could've been avoided
if action had been taken earlier in the development of the dispute.
Interestingly many of the employees who walked away with a settlement of money may have ultimately got more than they bar-
gained for—even with a signed confidentiality agreement, an EEOC charge against a former employer seems to somehow manage
to influence future employers hiring decisions. It can stymie career growth and limit opportunity for advancement for years.
Additionally, the employer, even with the confidentiality agreement in place, may have to deal with an “enlightened” staff who
upon realizing another employee received a settlement, may be more likely to consider action for themselves in the future.
The good news is most employees and employers are well intentioned and so do not enter into frivolous or mal intentioned action
without cause. So why is it that good employer / employee relationships are ruined everyday for bad reasons?
Dr. Hanna offers a few of the mediated complaints he has handled as an EEOC Mediator and questions posed as a result:
· The Apache, the Navajo and the white contractor—how culture influences perception and misperception.
· A serious body odor problem – but, the human resource department “actioned” it...wasn’t that enough?
· Nuisance claims – why employers really settle.
· Does a confidentiality agreement really protect employers from future damage?
· What happens to an employee after a tribunal, or law suit has been settled? Does the confidentiality agreement really protect
them?
Remember, employers often believe they have handled a workplace dispute effectively, even calling
the process “mediation.” We often tell the story of one of our students who as a human resource
manager claimed she “mediated all the time” —she exclaimed, “Oh but I do mediate—you’d be
surprised how often I come down on the side of the employee!” When her words were replayed to
her, she realized what she’d said and acknowledged her neutrality was compromised—she just
hadn’t fully realized it until that moment. Independent mediators, or by establishing an in-house
adult peer mediation programme, can provide solutions and prevent damage that human resource
professionals and managers simply cannot do without fear of reprisal or legal action.
USA EEOC Statistics:
· Pregnancy discrimination claims filed with the EEOC claims have risen 33 percent in recent years, to 4,512 in 2004 from
3,385 in 1992.
· Sexual harassment charges increased 146 percent between 1992 and 2001. They have increased 150,000 percent since 1980.
· Pregnancy discrimination charges increased 126 percent between 1992 and 2001.
· Sexual discrimination charges increased 112 percent during the same period.
· Racial discrimination charges increased 484 percent between the 1980-1989 decade and the 1990-1999 decade.
· National origin charges increased 112 percent in the period 1992-2001.
8
What steps can be taken to create
a better workplace environment?
What can employers and employees do to create an environment for the management of conflict?
Thirty years ago the workplace was a very different environment than it is today. In 1970 an unemployed worker was able to find a
new job 50% faster than today, where on average it takes an unemployed worker 20 weeks to find a job. And it is no better for em-
ployers—who are the recipient of rising discriminatory claims filed with the EOC. Additionally the frightening increase of violence
as a result of unresolved employment related dispute is in the headlines nearly every day.
· “Mediation has the potential to be particularly effective in the context of employment disputes….It is a pragmatic, flexible and
informal way of providing both parties with positive outcomes.”Better Dispute Resolution report, Department of Trade and
Industry (March 2007) [refer to link found on page 11 of this publication]
· “Less than one third of employers currently train any employees in mediation skills, even though organisations that provide
such training typically receive fewer employment tribunal applications.” Managing Conflict at Work, Chartered Institute of
Personnel Development [refer to link found on page 11 of this publication]
Recent research reveals it costs employers a staggering 350 days of management time every year. ‘Hidden’ costs range from de-
creased staff motivation and productivity, to increased employee sick days, recruitment and training. The average expense associ-
ated with employment tribunal claims amounts to a crippling £20,000 per company, per year
What this means for employee and employer is finding an amicable way to resolve disputes before they become critical can be a
matter of financial survival—or in the worst cases of physical violence, even a matter of life or death.
Mediation in the workplace is on the rise with an increasing need for professional mediators and with the advent of workplace adult
peer mediation programmes. Both provide alternatives to the more aggressive and damaging choice for conflict resolution—namely
tribunals or even discriminatory law suits. If a company chooses to establish an in-house mediation programme by using their own
trained mediation staff, most workplace disputes will be dispelled quite comfortably. For more complex issues—where it is deemed
the conflict may need the attention of a more experienced professional mediator, one should always be instructed. Think of it like
this; if you have a cold or the flu, your GP is the right choice, but if you are facing heart surgery you wouldn’t consider trusting it to
anyone but a specialist heart surgeon. It is the same with choosing who is the right choice in mediation.
The Mediation Agency can help in these– and more areas:
· Conciliation between groups of people
· Meeting facilitation– helps to get goals set and achieve targets
· Group mediation—when multi-party issues are jeapordising productivity
· Individual mediation—when one person needs help resolving a workplace dispute
· Employment / Career negotiation—to help assure the process is fair and balanced
· Providing retained services—when large companies realise their needs are on-going
· Providing training—both seminars and workshops to help prevent workplace conflict
Employers are reducing and managing conflict in the workplace by;
· Developing an Adult Peer Workplace Mediation System
· Using mediators for conciliation and conflict resolution of issues before they become serious
· Helping to create a “Communications Contract” for future problems and disputes
· Training HR staff, employees, managers in managed, peaceful problem resolving techniques
· Giving employees a voice in their career – and show respect of their opinions / ideas
· Offering a mediation solution for employees on a case-by-case basis
9
What mediation options are available to companies
to deal with on-going workplace conflict issues?
Every workplace is different: How to determine the best bespoke mediation programme that fits your’s
The Mediation Agency has been on the front line of helping councils, city offices, police
departments and private organisations train staff for over 15 years as well as creating and
implementing adult peer mediation programmes for workplace clients. Additionally, offering
trained mediators for those companies who choose to out-source their workplace conflict
resolution with retained annual services or on a case-by-case basis at an hourly rate.
What kind of mediation scheme would best fit your organisation?
In-house, or Adult Peer Workplace Mediation Programmes;
1. Offer mediation training to staff and employees— this training must not be just for “upper
management” or HR.. This allows for a“buy-in” for all employees. The mediation training
needs to be offered from the “ground floor” up to give everyone a feeling of inclusion and so
they can trust it’s effectiveness and confidentiality. Knowing how to offer mediation skills
training, and where to position the in-house mediators is key to establishing a workable and
efficient adult peer workplace mediation programme.
2. Establish a system whereby company mediators are available to all employees in a neutral, confidential environment and loca-
tion.
3. Develop “mediator sharing” between disparate or “limited-contact” departments.
4. Structure a confidential, no-fault mediation system and “agreement contract” for the resolution of workplace complaints.
5. Present the new programme to staff and employees.
6. Maintain the system, and encourage it’s use by continuing to promote the advantages of resolving all workplace issues before
they become problematic and cause more difficult issues to resolve or even the loss of employment.
Retained Mediation Services;
1. Schedule a private consultation with The Mediation Agency to determine the best plan that fits your companies workplace con-
flict requirements.
2. We will discuss your workplace conflict history to design an annual plan that suits your needs.
3. This plan may include annual training, such as; Conflict Avoidance and Maintenance
Workshops for Employees, Workplace Communication Techniques or Dealing with Strong
Emotion in the Workplace. Contact The Mediation Agency for more information.
Professional Mediation Services (As needed basis)
Our professional workplace mediation services have been used by public and private
organizations throughout the world. Whether it is a workplace conflict between two people or
hundreds; our mediator’s skills have been tested in the most difficult workplace cases creating
agreements that result in solutions that last. Contact us to help resolve any conflict, workplace
or any other before it becomes something that is out of control.
Contact The Mediation Agency:
Phone: 0844-478-0060 or 01624-830-024
Email: [email protected]
10
Profiles of the founders / trainers
of The Mediation Agency
Frank Hanna is the world's first doctor of
mediation. Following a long and successful
career as a solicitor in Ireland throughout
the 'Troubles', he moved to the USA to
study mediation. There he gained
qualifications in mediation from prestigious
universities, Harvard and Pepperdine, and
went on to practice in the community.
Hanna became the name in mediation in
Arizona where he was based. He was approached by the city of
Gilbert to teach a team of community mediators and he devised
his own, unique teaching programme, with an innovative style
and methodology which led to the cities of Phoenix and Mesa
hiring him.
Dr Hanna has taught high profile figures from the world over,
including a former Minister of State at the Foreign and
Commonwealth Office, and the former Head of BBC Daytime
Television. He has now graduated over 600 mediators; lectured
widely on the subject; held mediation web conferences; taught
online; created mediation training videos, and is professor of
conflict studies at two American universities.
As a practising mediator, Frank has been involved with
approximately 2,000 cases. He was retained by the United States
Government as a contract mediator for the Equal Employment
and Equal Opportunities Commission (EOC). He has also
mediated for police departments, cities, large companies and
government departments in America and is the author of
Conflict Resolution and Mediation in the Real World.
Read a chapter from Frank’s book by clicking on the link below:
http://www.mediationagency.com/pdf/chapter%202.pdf
Email Dr. Hanna at: [email protected]
Co-founder of The Mediation Agency,
Nancy Peterson, M.Med, has many years of
experience mediating with the Arizona
Superior Court Mediation Program, the
office of the Attorney General, Maricopa
County Adult Probation Program and in
private practice.
As well as being an accomplished mediator,
Nancy is a teacher of mediation techniques.
With a business background in counseling, marketing, teaching,
public relations and mediation, Nancy is an invaluable source of
reference to students seeking to expand their career in media-
tion. Offering in-depth guidance to students helping them to
gain real-time experience as mediators and promoting them in
the marketplace as professional mediators.
In 2004 requests from Nancy's mediation students prompted her
to write an on-line mediation dictionary as a ready resource for
advanced education and to acquaint the public with mediation
terminology; www.mediationdictionary.com
Nancy also designs and teaches courses for internet or live
presentation on topics such as Workplace Conflict Management,
and an introduction to mediation entitled, Mediation: a
beginners guide. Additionally she developed an internet course
called Mediation Principles and Practice - rewarding students a
full academic credit upon completion, and created the standards
for a bachelors degree in mediation offered through Cloverdale
College in Indiana.
Nancy held the prestigious title of Director of Education and
Professional Development
with New York State
Dispute Resolution
Association (NYSDRA).
She continues as a
consultant to the executive
director and serves on their
certification and training
committees.
Email Nancy Peterson at:
[email protected]
http://www.mediationagency.com/pdf/nancymediationresume.pdf
http://www.mediationagency.com/pdf/frankmediationresume.pdf
Read Dr. Hanna’s CV by clicking on the link below:
Read Nancy Peterson’s CV by clicking on the link below:
11
Suggested resources and reading material
Links to useful workplace information:
Department of Trade and Industry (Isle of Man)
Provides a valuable library of downloadable reports and laws pertaining to Isle of Man employment
http://www.gov.im/dti/employmentRights/rights.xml
Department for Business, Enterprise and Regulatory Reform
BERR helps ensure business success in an increasingly competitive world.
http://www.berr.gov.uk/
DTI Report: A review of employment dispute resolution in Great Britain
http://www.mediationagency.com/pdf/DTI.pdf
CIPD Report: Managing Conflict at Work
http://www.cipd.co.uk/subjects/empreltns/general/_mngcnflcwk.htm
Books and publications:
Diagnostic and Statistical Manual of Mental Disorders DSM-IV-TR Fourth Edition (Text Revision) (Paperback)
by American Psychiatric Association (ref. used within this publication)
http://www.amazon.com/gp/product/0890420254/002-2800401-5237610?v=glance&n=283155
Conflict Resolution and Mediation in the Real World
Wonderful source for “real world” mediation techniques by Dr. Frank Hanna
http://www.amazon.com/gp/product/0974424803/qid=1149256367/sr=1-1/ref=sr_1_1/002-2800401-5237610?s=books&v=glance&n=283155
Alternative Dispute Resolution in the Workplace (Hardcover)
by E. Patrick McDermott, Arthur Eliot Berkeley
http://www.amazon.com/gp/product/1567200559/002-2800401-5237610?v=glance&n=283155
Isle of Man Business News
http://www.mediationagency.com/pdf/iombusness.pdf
Solicitors Journal
http://www.mediationagency.com/pdf/solsjournal.pdf
The Mediation Agency Workplace Brochure
http://www.mediationagency.com/pdf/largebrochure2007.pdf
Contact The Mediation Agency:
Phone: 0844-478-0060 or 01624-830-024
Email: [email protected]
doc_485864385.pdf
Understanding that people are emotionally constructed to respond to positive stimuli in all situations is key to recognizing the underlying structure of an unproductive employee.
Can
employers
afford
to waste
time?
Written by
Nancy Peterson, M. Med.
With Contributions by
Dr. Frank Hanna
2
Employer Reality Check
What are the issues facing employers and employees today?
•Productivity – Unhappy employees are under motivated
Understanding that people are emotionally constructed to respond to positive stimuli in all situations is key to recognizing the under-
lying structure of an unproductive employee. When the emotional environment is unpleasant or tense, the result is often employees
who stop caring, or view their 8 to 5 life as “just a job.” No one comes into employment with this attitude, sure sometimes people
take a job as an end to means—a stop gap before the career kicks in, but all accept a position with the belief that it will provide
money in exchange for services and will not cause emotional or physical harm.
•Motivation – When employees feel left out, they stop trying
Inclusion, as mediators know very well, is a vital part of building communication—and as mediators we see the result when people
are “left out” of the loop. The reaction of employees who feel they have been excluded from areas where they were formerly included
can be anger or sadness, but most often, they just stop trying. What that means to an employer is they are present for their eight hour
day, but they stop inventive contributing and often begin to sow a seed of discontent among other employees. Employers can usually
rectify problems, if caught early enough, by holding meetings where all members are encouraged to offer ideas, and having an “open
door” policy where issues are listened to with consideration and respect.
•Non cooperative co workers – Perception and misperception
We have all been a part of or a witness to a workplace that is troubled with tense, non communicative and malcontented staff. It is a
palpable presence of unhappiness on the low end of disagreeing co-workers or outright hatred on the high end. When people stop
communicating and decide subjectively to analyze the thoughts or intent of others, misperception abounds. Often such a situation can
go on under the surface for years—causing work related stress, illness, decreased productivity, absenteeism and an unnecessarily
miserable life for 40-hours of the week. Employers and human resource professionals can make a difference in the lives of employ-
ees, but only if they get involved early enough and create an environment where conflict management is available. Whether the com-
pany chooses to instigate an inter office peer mediation program, or retains a contract mediator to keep balance—the goal is to offer a
haven from misperception and an occasion of communication where issues may be made transparent and remedied.
•Legal Issues – Tribunals Lawsuits and EOC complaints happen without warning
When problems, such as outlined above, go unnoticed—trouble of one kind or another is
likely. It is a unnecessary risk to ignore or avoid employee problems. Communication,
training, and awareness are the employers best tools for success. Providing a forum or
offering to listen with an open mind to complaints or concerns is many times all it takes to
avoid unnecessary lawsuits or the filing of an EOC complaint. When the difficulty
becomes “bigger” than the capabilities of the employer, mediators, and or attorneys should
be consulted for their professional guidance.
•Attrition – The cost of replacing staff is enormous
“Replacement of an employee may be up to 2.5 times his or her annual salary” —Gallup Polls.
Replacing staff lost needlessly to an issue that could have or should have been resolved is
an unnecessary expense both financially and emotionally for a company and its staff.
Taking early preventative measures to stop unnecessary staff loss saves money, keeps
existing staff from fracturing, and may prevent needless lawsuits.
3
What happens when communication
fails in a workplace environment?
We have all been there. We know how miserable a job can become due to problems between staff.
In the 1980’s Frank Hanna was the senior partner in one of the most successful law firms in Northern Ireland,
Francis Hanna and Company. The law office was a heritage rich, family business. Many of the staff had been in
place for years and had served for three generations of the family business. The building they occupied was lo-
cated in a prime business area within blocks of the court house and consisted of three floors. As with all business,
its success was in part due to Frank’s leadership, but even more attributable to the loyal staff that remained a
constant during the 40 years of operation.
One day Frank told his secretary to ask two women who worked in a small department in the firm to gather information relative to a
case —Frank’s secretary replied, “You don’t expect me to go in there do you?” Baffled, Frank asked why this was a problem, and
was told the two women, although they worked in a room that was roughly the size of a child’s bedroom, had not spoken a word to
each other in over 14 months. The tension was palpable to everyone, and everyone but Frank avoided that little room like the
plague. Frank was shocked. Both women were close to Frank; each considered to be friends as well as employees—yet he had
passed them in the hallway, eaten lunch with them, had numerous cups of tea, and never known there was a problem of this magni-
tude. Apparently, the women who had been friends for years, had fallen out over some seemingly inconsequential problem that re-
sulted in the icy behavior, including note writing to communicate when absolutely necessary.
· What does this tell us about Dr. Hanna’s communication with his staff?
· What might have happened if he hadn’t intervened?
· What do you think the rest of the office thought about the situation?
· Do you think people in the office took sides?
Before this incident, Frank would have believed that he was approachable and knowledgeable about employee relationships. The
situation, which had existed literally under his nose for months, taught Frank a valuable lesson which he has since used in every
mediation class he teaches– people are complex and relationships can erode quietly and cause serious damage to staff moral, pro-
ductivity and give rise to unpredictable outcomes including attrition, termination, and lawsuits.
Postscript;
Frank dealt with the situation “Irish style”—he called the two women into his office and gave
them £20 telling them to go to the pub down the road to drink until it was gone—and if after
doing so, they still had problems, come back only to get more money. Obviously, today telling
employees to go and have a pint may not be the most prudent of plans, but the idea is solid—
giving the women a chance, in a neutral location, to come to some agreement. And if they didn’t,
Frank’s instructions were to come back and tell him—in which case he said he’d give them more
money, but in reality, they all knew this meant he’d become more involved in helping find a
solution. Ultimately Frank’s action showed he cared, and they were in no doubt that they needed
to reach some sort of resolution to the personal problems that were now impacting their
workplace.
Today solutions for problematic staff conflict range from offsite counseling, mediation,
conciliation, and in some cases; inter-office peer mediation programs.
4
How does a manager deal with a
non communicative employee?
What happens when an employee is obviously upset, but refuses to talk?
When one person, for what ever reason, pathologically decides to “shut down” and withdraws into silence, what should you do? To
understand how to react to such an episode, you need to first understand what is the motivation behind the behavior. When people are
confronted with an increasingly out of control situation, they have a few options left to them to regain control; Aggression—raised
voice, physical violence or intimidation, emotional or physical retreat—removing themselves from the situation entirely, compli-
ance—downcast eyes, submissive response or weeping; or the one we will deal with here—passive aggressive behavior, which is
defined in the Diagnostic and Statistical Manual of Mental Disorders, as a "pervasive pattern of passive resistance to demands for
adequate social and occupational performance." To make sense of that rather weighty description, read on.
We have all either used the “shut-down” technique or been a victim of it. It is a skill learned from a very young age—
with children it is sometimes called a tantrum. Granted, as adults we aren’t likely to throw ourselves upon the ground
and kick and scream until we get what we want, but by using the “silent treatment” the hoped for result is the same. We
want whomever is witnessing our display to give us something; maybe just sympathy, maybe something more. In a me-
diation, a party may try to justify their position by simply stopping communication to allow their silent presence to ap-
ply pressure— and let me assure you it is a very uncomfortable moment for everyone concerned. The person may be
trying to convey a message such as;“No one cares about me, it just doesn’t matter what I say anyway. I might as well
just go…” How does a mediator deal with this kind of ‘dead silence’ behaviour? Firstly by recognising that the person has just used a
cold-blooded tactic to gain an advantage. How do we know this is a tactic? Remember if someone truly wanted to stop communicat-
ing, he or she would simply end the mediation and go. If the person really believed no one cared what she or he was saying, what
would be the point in staying? The hard fact is, when this behaviour is observed, the mediator can pretty much guarantee the person
wants to be soothed or cajoled into talking. This would give them validation that he or she had been treated unfairly—if a mediator
falls into this trap he or she may be jeopardy of losing their neutrality. Consider this scenario; if a person does leverage a mediator’s
clear sympathy in front of the other people involved in the dispute, there may be a perceived new advantage given to the newly
soothed person—and he or she may tell the others in the room;“See– the mediator understands me, and knows you’re not listening to
me! The mediator, in such a scenario, has quite a bit of recovery to do if the mediator is not now perceived as neutral.
When you help others to handle conflict...
· Can you identify the kind of emotions that are at play in mediation?
· Recognize passive / aggressive maneuvering?
· Deal with false submissive behavior?
· Deal with anger?
· Deflect tactical maneuvering?
· Can remain patient even in the most challenging situation?
· Can you remain perceptive to any shift in behavior of the parties?
· Recognise the difference between a negotiation technique and bad faith or stubbornness?
· Deal with your own neutrality issues should they become challenged?
The Mediation Agency’s 40-hour Training Programme teaches these skills and more.
5
How does a strong supervisor
deal with sensitive issues?
Strong leaders are widely sought by employers, but what happens when their strength is misperceived
by employees?
In 2006 we were contracted as mediators / conciliators to help a city office with an engineering department that had
become such a hot bed of discontent, that it had nearly stopped functioning. The manager of the office was a very
strong, successful female engineer. In fact, she was one of the first in the country to achieve a position as a woman
engineer. Obviously she didn’t get that far being meek! Her staff had mixed feelings—as an all female staff, they
were proud to be a part of her team—but had serious problems dealing with her temper.
When we interviewed human resource, and then each of the staff members individually, we found a common thread. Everyone was
using language that was unusual if heard once, but screamed collusion if heard several times; the phrase they all used during the
course of our interviews was, “She pulled her hair and gnashed her teeth.” Except for in fairy tails, neither of us had heard that ex-
pression used before or so often in the same context. Adding to the difficulty that you are now beginning to understand, was the staff
had additional issues with each other. Without going into more detail, suffice to say the problems stemmed from errors of perception,
and extremes of misperception. Whether or not this department would have eventually lifted themselves out of the emotional quag-
mire is debatable, but certainly the escalating problems had severely limited their productivity and ability to function as a group.
One revelation that may surprise you is the one common thread we discovered—the one area everyone could agree upon without
hesitation—the HR department had created more damage by doing nothing or appearing to do nothing. The HR staff were oblivious
to this fact—and believed they had done their job by keeping employee files up-to-date, and “actioning” each individual occurrence
with bureaucratic dedication. Sadly, this is a universal area of disconnect for many human resource departments and an area where
mediation techniques can help to restore communication and cohesiveness in the workplace.
Common workplace dispute issues arise from;
· Misperceptions or assumptions about others intentions or thoughts.
· Management or human resource department under reacting, or not keeping staff apprised of action taken, in answer to emotive
situations.
· Unstructured communication, or poorly managed and imbalanced staff meetings.
· Management fails to reward or compliment employees or does so in a biased way.
· Perceived imbalance in employee favoritism from management.
Mediation techniques are effective by;
· Offering a neutral forum for exposing the true interests of positional based issues.
· Showing employees that management is taking action by hiring professional mediators, or
establishing an inter-office peer mediation program to resolve workplace issues.
· Teaching management and human resource the principles of mediation and conciliation.
· Establishing a balanced and fair system for dealing with future workplace disputes.
6
What happens when employees sue for cause?
What kind of legal problems can be caused by employment issues?
Recently we “Googled” the phrase “lost productivity due to
workplace conflict” and got 14,000 hits. Does that surprise you?
Well be under no illusion as to the insidious power of conflict in
the workplace as it is the single greatest cause of diminished
profits in industry and the hidden malaise that can go unspotted
for incredible periods of time.
It is easy to find fault and to point the finger at different causes
or to be laid back and proclaim that as each case is different you
cannot possibly legislate for any commonality. That’s the lazy
approach but by using simple logic the realities become more
self evident.
Firstly we spend approximately a third of our adult life at work
so it makes sense to go as far as we can to ensure that our cir-
cumstances are as palatable as we can possibly make them.
However we are often not the ones who can dictate or control
what those circumstances are as that is the “boss’s job.” So we
sit back and wait to find some fault with the way things are done
and then make everyone’s life miserable by letting them know
that they are not to our satisfaction. I’ll bet that rings a bell with
all of us. He or she is the disgruntled worker who is never happy
about anything. We know loads of them. So how then do you
deal with problems such as this?
Here is a brief story of a case we mediated some years ago for
the EEOC in America. A plaintiff had filed a discrimination suit
against her employers alleging that she had been discriminated
against on the grounds of her disability. She suffered from Lupus
and also had the misfortune to be grossly overweight to such an
extent that she needed a special reinforced chair. This was pro-
vided and one day she was asked to relocate to a particular cor-
ner of the office which she duly did. It is right to point out that
her acquisition of the chair had taken months to achieve and one
particular HR officer had all but spent her patience on the pro-
ject. As fate would have
it the new work location
was illuminated with
bright neon lights which
proved to be very dam-
aging to the lady by
reason of her lupus. So
she immediately men-
tioned it to the self same HR lady who was not of a mind to put
herself out yet again so she instructed the employee to “put her
request in writing”. This was done and sent in the following day
and duly got pushed to the bottom of the pile.
Within days the employee was fast becoming ill and her com-
plaints were being treated as exaggeration and the move she re-
quested just didn’t happen. Time off work followed as did the
complaint to the EEOC which had the effect of, at least, getting
her the relocation she sought.
Now, take a step back from all of that and doubtless you will
agree that the actions of the HR officer were, to say the least,
tardy and to put it at its worst, reprehensible. You would be cor-
rect on both counts. When the issue came to us as mediators, the
solution was simple enough but ironically the most important
ingredient on the day was not an amount of dollars or a demand
for sensitivity training but simply an apology. The plaintiff
wanted to keep her job as she liked it, and just the recognition
that she had been wronged could be put right by giving a simple
apology—that would have been enough for her.
Suffice to say she got her apology but not without considerable
difficulty as it became clear that the HR lady was clinging to
phrases such as, “I followed the procedures….” And ……”the
matter was being dealt with in the normal way so what did I do
wrong?”
As you read this publication, the appreciation of communication
and understanding perceptions in the workplace will become
more and more apparent and
hopefully draw you to the
conclusion that workplace
mediation is long overdue.
What kind of legal problems can be caused by UK employment issues?
· EOC Complaints / tribunals - Whether founded or not, EOC action carries
serious consequence for employers.
· Law suits – Once an employee seeks a legal remedy, the company and em-
ployee loses in more ways than money can solve.
· Loss of staff – Beyond just the cost of replacement, losing an employee causes
stress among the remaining staff.
· Emotional violence – Gossip, or worse can occur when people are angry
enough to exact revenge.
· Physical violence – We all know the seriousness of this problem.
7
Stories from the battlefield:
An EEOC mediator reflects...
Dr. Frank Hanna was a contract mediator from 2000 to 2005 with the EEOC (similar to the EOC in the UK)
operating in Arizona, Nevada and New Mexico
During the over five years that Dr. Hanna contracted as a mediator for the United States Equal Employment Opportunities Commis-
sion, (EEOC) he developed an insightful perspective on how employers and employees get into trouble.
If you eliminate EEOC complaints that are lawfully based on sexual, religious, race, or national origin discriminatory issues; many
complaints result from bad communication, poor follow-through, training issues, or simply ignoring unpleasant situations. Dr.
Hanna watched during mediations as employer after employer was instructed by upper management to “settle” for nuisance value.
Why? Because it was less costly and reduced the chance of public scrutiny. The sad truth is most such cases could've been avoided
if action had been taken earlier in the development of the dispute.
Interestingly many of the employees who walked away with a settlement of money may have ultimately got more than they bar-
gained for—even with a signed confidentiality agreement, an EEOC charge against a former employer seems to somehow manage
to influence future employers hiring decisions. It can stymie career growth and limit opportunity for advancement for years.
Additionally, the employer, even with the confidentiality agreement in place, may have to deal with an “enlightened” staff who
upon realizing another employee received a settlement, may be more likely to consider action for themselves in the future.
The good news is most employees and employers are well intentioned and so do not enter into frivolous or mal intentioned action
without cause. So why is it that good employer / employee relationships are ruined everyday for bad reasons?
Dr. Hanna offers a few of the mediated complaints he has handled as an EEOC Mediator and questions posed as a result:
· The Apache, the Navajo and the white contractor—how culture influences perception and misperception.
· A serious body odor problem – but, the human resource department “actioned” it...wasn’t that enough?
· Nuisance claims – why employers really settle.
· Does a confidentiality agreement really protect employers from future damage?
· What happens to an employee after a tribunal, or law suit has been settled? Does the confidentiality agreement really protect
them?
Remember, employers often believe they have handled a workplace dispute effectively, even calling
the process “mediation.” We often tell the story of one of our students who as a human resource
manager claimed she “mediated all the time” —she exclaimed, “Oh but I do mediate—you’d be
surprised how often I come down on the side of the employee!” When her words were replayed to
her, she realized what she’d said and acknowledged her neutrality was compromised—she just
hadn’t fully realized it until that moment. Independent mediators, or by establishing an in-house
adult peer mediation programme, can provide solutions and prevent damage that human resource
professionals and managers simply cannot do without fear of reprisal or legal action.
USA EEOC Statistics:
· Pregnancy discrimination claims filed with the EEOC claims have risen 33 percent in recent years, to 4,512 in 2004 from
3,385 in 1992.
· Sexual harassment charges increased 146 percent between 1992 and 2001. They have increased 150,000 percent since 1980.
· Pregnancy discrimination charges increased 126 percent between 1992 and 2001.
· Sexual discrimination charges increased 112 percent during the same period.
· Racial discrimination charges increased 484 percent between the 1980-1989 decade and the 1990-1999 decade.
· National origin charges increased 112 percent in the period 1992-2001.
8
What steps can be taken to create
a better workplace environment?
What can employers and employees do to create an environment for the management of conflict?
Thirty years ago the workplace was a very different environment than it is today. In 1970 an unemployed worker was able to find a
new job 50% faster than today, where on average it takes an unemployed worker 20 weeks to find a job. And it is no better for em-
ployers—who are the recipient of rising discriminatory claims filed with the EOC. Additionally the frightening increase of violence
as a result of unresolved employment related dispute is in the headlines nearly every day.
· “Mediation has the potential to be particularly effective in the context of employment disputes….It is a pragmatic, flexible and
informal way of providing both parties with positive outcomes.”Better Dispute Resolution report, Department of Trade and
Industry (March 2007) [refer to link found on page 11 of this publication]
· “Less than one third of employers currently train any employees in mediation skills, even though organisations that provide
such training typically receive fewer employment tribunal applications.” Managing Conflict at Work, Chartered Institute of
Personnel Development [refer to link found on page 11 of this publication]
Recent research reveals it costs employers a staggering 350 days of management time every year. ‘Hidden’ costs range from de-
creased staff motivation and productivity, to increased employee sick days, recruitment and training. The average expense associ-
ated with employment tribunal claims amounts to a crippling £20,000 per company, per year
What this means for employee and employer is finding an amicable way to resolve disputes before they become critical can be a
matter of financial survival—or in the worst cases of physical violence, even a matter of life or death.
Mediation in the workplace is on the rise with an increasing need for professional mediators and with the advent of workplace adult
peer mediation programmes. Both provide alternatives to the more aggressive and damaging choice for conflict resolution—namely
tribunals or even discriminatory law suits. If a company chooses to establish an in-house mediation programme by using their own
trained mediation staff, most workplace disputes will be dispelled quite comfortably. For more complex issues—where it is deemed
the conflict may need the attention of a more experienced professional mediator, one should always be instructed. Think of it like
this; if you have a cold or the flu, your GP is the right choice, but if you are facing heart surgery you wouldn’t consider trusting it to
anyone but a specialist heart surgeon. It is the same with choosing who is the right choice in mediation.
The Mediation Agency can help in these– and more areas:
· Conciliation between groups of people
· Meeting facilitation– helps to get goals set and achieve targets
· Group mediation—when multi-party issues are jeapordising productivity
· Individual mediation—when one person needs help resolving a workplace dispute
· Employment / Career negotiation—to help assure the process is fair and balanced
· Providing retained services—when large companies realise their needs are on-going
· Providing training—both seminars and workshops to help prevent workplace conflict
Employers are reducing and managing conflict in the workplace by;
· Developing an Adult Peer Workplace Mediation System
· Using mediators for conciliation and conflict resolution of issues before they become serious
· Helping to create a “Communications Contract” for future problems and disputes
· Training HR staff, employees, managers in managed, peaceful problem resolving techniques
· Giving employees a voice in their career – and show respect of their opinions / ideas
· Offering a mediation solution for employees on a case-by-case basis
9
What mediation options are available to companies
to deal with on-going workplace conflict issues?
Every workplace is different: How to determine the best bespoke mediation programme that fits your’s
The Mediation Agency has been on the front line of helping councils, city offices, police
departments and private organisations train staff for over 15 years as well as creating and
implementing adult peer mediation programmes for workplace clients. Additionally, offering
trained mediators for those companies who choose to out-source their workplace conflict
resolution with retained annual services or on a case-by-case basis at an hourly rate.
What kind of mediation scheme would best fit your organisation?
In-house, or Adult Peer Workplace Mediation Programmes;
1. Offer mediation training to staff and employees— this training must not be just for “upper
management” or HR.. This allows for a“buy-in” for all employees. The mediation training
needs to be offered from the “ground floor” up to give everyone a feeling of inclusion and so
they can trust it’s effectiveness and confidentiality. Knowing how to offer mediation skills
training, and where to position the in-house mediators is key to establishing a workable and
efficient adult peer workplace mediation programme.
2. Establish a system whereby company mediators are available to all employees in a neutral, confidential environment and loca-
tion.
3. Develop “mediator sharing” between disparate or “limited-contact” departments.
4. Structure a confidential, no-fault mediation system and “agreement contract” for the resolution of workplace complaints.
5. Present the new programme to staff and employees.
6. Maintain the system, and encourage it’s use by continuing to promote the advantages of resolving all workplace issues before
they become problematic and cause more difficult issues to resolve or even the loss of employment.
Retained Mediation Services;
1. Schedule a private consultation with The Mediation Agency to determine the best plan that fits your companies workplace con-
flict requirements.
2. We will discuss your workplace conflict history to design an annual plan that suits your needs.
3. This plan may include annual training, such as; Conflict Avoidance and Maintenance
Workshops for Employees, Workplace Communication Techniques or Dealing with Strong
Emotion in the Workplace. Contact The Mediation Agency for more information.
Professional Mediation Services (As needed basis)
Our professional workplace mediation services have been used by public and private
organizations throughout the world. Whether it is a workplace conflict between two people or
hundreds; our mediator’s skills have been tested in the most difficult workplace cases creating
agreements that result in solutions that last. Contact us to help resolve any conflict, workplace
or any other before it becomes something that is out of control.
Contact The Mediation Agency:
Phone: 0844-478-0060 or 01624-830-024
Email: [email protected]
10
Profiles of the founders / trainers
of The Mediation Agency
Frank Hanna is the world's first doctor of
mediation. Following a long and successful
career as a solicitor in Ireland throughout
the 'Troubles', he moved to the USA to
study mediation. There he gained
qualifications in mediation from prestigious
universities, Harvard and Pepperdine, and
went on to practice in the community.
Hanna became the name in mediation in
Arizona where he was based. He was approached by the city of
Gilbert to teach a team of community mediators and he devised
his own, unique teaching programme, with an innovative style
and methodology which led to the cities of Phoenix and Mesa
hiring him.
Dr Hanna has taught high profile figures from the world over,
including a former Minister of State at the Foreign and
Commonwealth Office, and the former Head of BBC Daytime
Television. He has now graduated over 600 mediators; lectured
widely on the subject; held mediation web conferences; taught
online; created mediation training videos, and is professor of
conflict studies at two American universities.
As a practising mediator, Frank has been involved with
approximately 2,000 cases. He was retained by the United States
Government as a contract mediator for the Equal Employment
and Equal Opportunities Commission (EOC). He has also
mediated for police departments, cities, large companies and
government departments in America and is the author of
Conflict Resolution and Mediation in the Real World.
Read a chapter from Frank’s book by clicking on the link below:
http://www.mediationagency.com/pdf/chapter%202.pdf
Email Dr. Hanna at: [email protected]
Co-founder of The Mediation Agency,
Nancy Peterson, M.Med, has many years of
experience mediating with the Arizona
Superior Court Mediation Program, the
office of the Attorney General, Maricopa
County Adult Probation Program and in
private practice.
As well as being an accomplished mediator,
Nancy is a teacher of mediation techniques.
With a business background in counseling, marketing, teaching,
public relations and mediation, Nancy is an invaluable source of
reference to students seeking to expand their career in media-
tion. Offering in-depth guidance to students helping them to
gain real-time experience as mediators and promoting them in
the marketplace as professional mediators.
In 2004 requests from Nancy's mediation students prompted her
to write an on-line mediation dictionary as a ready resource for
advanced education and to acquaint the public with mediation
terminology; www.mediationdictionary.com
Nancy also designs and teaches courses for internet or live
presentation on topics such as Workplace Conflict Management,
and an introduction to mediation entitled, Mediation: a
beginners guide. Additionally she developed an internet course
called Mediation Principles and Practice - rewarding students a
full academic credit upon completion, and created the standards
for a bachelors degree in mediation offered through Cloverdale
College in Indiana.
Nancy held the prestigious title of Director of Education and
Professional Development
with New York State
Dispute Resolution
Association (NYSDRA).
She continues as a
consultant to the executive
director and serves on their
certification and training
committees.
Email Nancy Peterson at:
[email protected]
http://www.mediationagency.com/pdf/nancymediationresume.pdf
http://www.mediationagency.com/pdf/frankmediationresume.pdf
Read Dr. Hanna’s CV by clicking on the link below:
Read Nancy Peterson’s CV by clicking on the link below:
11
Suggested resources and reading material
Links to useful workplace information:
Department of Trade and Industry (Isle of Man)
Provides a valuable library of downloadable reports and laws pertaining to Isle of Man employment
http://www.gov.im/dti/employmentRights/rights.xml
Department for Business, Enterprise and Regulatory Reform
BERR helps ensure business success in an increasingly competitive world.
http://www.berr.gov.uk/
DTI Report: A review of employment dispute resolution in Great Britain
http://www.mediationagency.com/pdf/DTI.pdf
CIPD Report: Managing Conflict at Work
http://www.cipd.co.uk/subjects/empreltns/general/_mngcnflcwk.htm
Books and publications:
Diagnostic and Statistical Manual of Mental Disorders DSM-IV-TR Fourth Edition (Text Revision) (Paperback)
by American Psychiatric Association (ref. used within this publication)
http://www.amazon.com/gp/product/0890420254/002-2800401-5237610?v=glance&n=283155
Conflict Resolution and Mediation in the Real World
Wonderful source for “real world” mediation techniques by Dr. Frank Hanna
http://www.amazon.com/gp/product/0974424803/qid=1149256367/sr=1-1/ref=sr_1_1/002-2800401-5237610?s=books&v=glance&n=283155
Alternative Dispute Resolution in the Workplace (Hardcover)
by E. Patrick McDermott, Arthur Eliot Berkeley
http://www.amazon.com/gp/product/1567200559/002-2800401-5237610?v=glance&n=283155
Isle of Man Business News
http://www.mediationagency.com/pdf/iombusness.pdf
Solicitors Journal
http://www.mediationagency.com/pdf/solsjournal.pdf
The Mediation Agency Workplace Brochure
http://www.mediationagency.com/pdf/largebrochure2007.pdf
Contact The Mediation Agency:
Phone: 0844-478-0060 or 01624-830-024
Email: [email protected]
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