may collaborate 2011

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Mediation in NHS Complaints Handling

May 2011

Issue No 66

For people interested in mediation in Scotland

The Scottish Mediation Network is establishing a pilot project in partnership with the ScottishGovernment Health Directorates Patients Support and Participation Division, and five HealthBoards to test the use of mediation in complaints handling in the NHS.

The NHS bodies involved in the pilot are: Scottish Ambulance Service NHS Dumfries & Galloway

NHS Fife NHS Tayside NHS Forth Valley

The NHS Complaints Procedure and Directions currently provide for NHS Boards to considerthe use of mediation services where appropriate and where both parties agree. Mediation isnot often used by NHS Boards. The Patients Rights (Scotland) Act 2011 which received RoyalAssent on 31 March 2011 introduces a Right to Complain and will raise the awareness ofthe possible use of mediation in complaints handling. The purpose of the pilot is to identifyhow and when mediation might help is resolving complaints against the NHS in Scotland.

Intended OutcomeA mediation system design based on and reflecting keylessons learned from the use of mediation in complaintshandling which can be adopted by NHS boards to enhancetheir complaints handling processes.

How the pilot will be organised SMN will provide information packs to mediators and

parties, information and promotional materials onmediation and the NHS pilot.

NHS Complaints Handling staff will be given mediationawareness training and will develop a checklist forscreening cases for mediation.

Cases will be screened by NHS Board ComplaintsHandling Staff to identify those cases deemed suitablefor mediation.

An agreed standard information pack will be sent to thecomplainant inviting them to take part in the pilot.The letter will explain that participation in the pilot is

free, entirely voluntary and there will be anopportunity for the complainant to speak in advanceto a mediator who will explain the process and answerany questions they may have about mediation.

The Scottish Mediation Network is funded by the Scottish Government.

Scottish Charity No SC034921, Company No SC258173Registered Office: 18 York Place Edinburgh EH1 3EP www.scottishmediation.org.uk

Inside thisissue

page

Recruitment 4

ConflictManagementSkills

6

Mediation in aCold EconomicClimate

8

Local CPD in theNorth East

10

NewMembership

11

News from SMN 12

SMN Training 13

Adverts 14

Mediation inItaly

17

collaborate

Margaret Lynch, SMN Director


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SMN will appoint a mediator who willcall the parties and explain the processand answer any questions they haveabout mediation. If the complainant ishappy to participate they will be asked

to complete a letter of consent and adate for mediation will be agreed.There is an expectation thatmediations will be concluded within 20days of the referral to mediation. Thisis a requirement to meet NHS targetsfor complaints handling which are setby Government.

A pre mediation questionnaire andtelephone calls to the parties will be

used to prepare for the mediation anddecide on the most appropriateapproach. Mediations can beconducted face to face with all theparties present, face to face with themediator meeting the complainant andNHS staff separately, or they can beconducted via the telephone. Theapproach adopted will be decidedbased on the wishes of the parties andthe mediators initial assessment.

The mediator will facilitate a meetingof the parties to reach a mutuallyacceptable outcome to the mediation.A mediation agreement will be drawnup and record the agreement reachedand will be signed by all parties on theday.

All mediators participating in the pilotwill be expected to comply with the

monitoring and evaluationarrangements put in place which willinclude record keeping, completion ofmediator feedback forms, gatheringfeedback forms from the parties andtaking part in focus/feedback groups.

It is hoped that each NHS board willgenerate 20 cases suitable for mediationduring the course of the pilot. Across the 5participating boards we hope to mediate a

total of 100 cases. This should generatesufficient learning to enable conclusions tobe drawn.

INVITATION TO APPLY TO JOIN THEMEDIATORS PANEL FOR THE NHSCOMPLAINTS HANDLING PROJECT

All Scottish Mediation Registered

mediators are invited to apply to join thepanel. The following are essentialselection criteria against which allapplications will be measured: Evidence is provided that the

requirements of the SMR have beenmet in full

References are provided fromindividuals who have participated in3 of the last 5 mediationsundertaken, and dates of the last 5

mediations are given.

The following desirable selection criteriawill be used to ensure that applicants withthe most relevant experience are selectedfor the panel: Evidence of mediation in an NHS or

public sector environment, orevidence of experience in complaintshandling within the public sector orNHS bodies.

Evidence that more than 20mediations have been undertaken inthe last 24 months.

The Selection ProcessApplicants can obtain recruitment packsfrom [email protected] orcan download them from the ScottishMediation websitewww.scottishmediation.org.uk

Applications should be completed andreturned with the required evidence [email protected] or toMichaela Wilson, Administrator, ScottishMediation Network, 18 York Place,Edinburgh EH1 3EP by 2.00pm on Monday13th June 2011.

Applications will be shortlisted against theselection criteria and candidates who willbe called to the assessment day will be

duly notified.

Applicants will be invited to attend aninterview/ assessment day where a panel


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comprising two representatives from the commissioning health boards and Peter Adler, aninternationally renowned mediator with significant experience in the healthcare sector, willdetermine the final panel list members.

What do I do if I have a question about the project which needs to be answeredbefore I can apply?It is anticipated that there will be a high level of interest in this pilot, and therefore SMRmembers and others are asked to submit any questions they have by email [email protected] and a Frequently Asked Questions sheet will be producedand posted on the SMN website.

Canvassing is strictly forbidden. Any attempts to canvass will result in the application beingwithdrawn from the recruitment process.

The decision of the selection panel is final, although feedback will be provided if required.

RemunerationMediators will be paid a flat rate of 280 per mediation concluded on submission of the endof mediation report, clients feedback forms and any other monitoring and evaluationmaterials deemed necessary. The mediation flat rate fee will cover all mediation expenses,travel expenses and ancillary costs.

For an application pack:

Go to www.scottishmediation.org.uk to download the application pack, or [email protected]

Any questions should be addressed to [email protected].

A Frequently Asked Questions response will then be produced and posted on thewebsite to ensure that all applicants have access to the same information.

Peer Mediation News

The four boys from the Looked After Training Team delivered their first peermediation training session to staff and managers at Craig's Farm on Tuesday. This ishopefully the start of their long and successful career in peer mediation trainingdelivery.

UPCOMING TRAININGTraining for Trainers - 23rd & 24th August, 18 York Place, Edinburgh, EH1 3EP

300, including refreshment and lunch on both days.

To book a place, please get in touch with us quickly, it is anticipated that that this

will be a very popular course.

See page 13 for further information.


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RECRUITMENT OF PANEL OF 10 TO 15 MEDIATORSFOR NHS SCOTLAND MEDIATION PILOT IN

COMPLAINTS HANDLING

Scottish Mediation Registered Mediators who can provide evidence of the following areinvited to submit applications:

The requirements of the SMR have been met in full

References from individuals who have participated in 3 of the last 5 mediationsundertaken and dates of the last 5 mediations undertaken

Applicants can obtain recruitment packs from [email protected] or candownload them from the Scottish Mediation Network website www.scottishmediation.org.uk

Closing date for applications: 2.00pm on Monday 13th June 2011

Assessment days for final panel selection: 13th and 15th July 2011

Questions and Requests for Further Information

It is anticipated that there will be a high level of interest in this pilot, and therefore SMRmembers and others are asked to submit any questions they have by email [email protected] and a Frequently Asked Questions sheet will be produced inresponse and posted on the SMN website to ensure that all potential applicants have accessto the same information.

Canvassing is strictly forbidden and will result in an application being withdrawn from theprocess.

The decision of the selection panel is final.

For an application pack:

Go to www.scottishmediation.org.uk to download the application pack, oremail [email protected]

Any questions should be addressed to [email protected].

A Frequently Asked Questions response will then be produced and posted onthe website to ensure that all applicants have access to the same information.


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RECRUITMENT OF TRAINING PROVIDER FOR NHS SCOTLAND MEDIATION

PILOT IN COMPLAINTS HANDLING

Scottish Mediation Registered Mediators who can provide evidence of thefollowing are invited to submit applications:

The requirements of the SMR have been met in full

References from individuals who have participated in 3 of the last 5

mediations undertaken and dates of the last 5 mediations undertaken

Evidence of training provision in the NHS or public sector

A training qualification which lies within the Scottish Credit and Qualifications

Framework is desirable.

Applicants are requested to provide details of their relevant experience, and

enclose evidence of the above.

Closing date for applications: 2.00pm on Wednesday 25th May 2011.

Two training dates will be fixed for the half day training courses during the period

19th June to 29th July 2011.

The Training ProvisionThe training is required to raise the awareness of mediation amongst complaints

handling staff who will be screening cases suitable for mediation. There will be

two half day training sessions during which participants will develop their own

checklist for screening cases for mediation.

Remuneration

Training Providers may claim a fee of 500 per half day training session. It is

intended that one training provider will be selected to run both training courses.

Questions and Requests for Further Information

It is anticipated that there will be a high level of interest in this pilot, andtherefore SMR members and others are asked to submit any questions they have

by email to [email protected] and a Frequently Asked Questionssheet will be produced in response and posted on the SMN website to ensure that

all potential applicants have access to the same information.

Canvassing is strictly forbidden and will result in an application being withdrawn

from the process.

The decision of the selection panel is final.


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The ability to manage conflict is not a skillthat many people have naturally, and inmany organisations, conflict management isnot seen as a core competency for successat management or director level. Conflict, initself is not a problem, as it can contributeto significant positive change withinorganisations, as different viewpoints canchallenge the status quo, leading toinnovation and improved ways of working:

But with skill scarcity in managing this area,how can it be managed successfully withinthe workplace?

According to the 2007 CIPD Report,Managing Conflict at Work, behaviour/conduct was named as the biggest cause ofconflict across all industry sectors(manufacturing and production, privatesector, not for profit and public services).Consequently, behaviour/conduct complaints

led to the highest number of employmenttribunal cases, followed by cases dealingwith issues of sex, race or disabilitydiscrimination and bullying and harassment.A further CIPD/OPP survey dated October2008 went on to support the findings of the2007 report, by citing warring egos andpersonality clashes, as the main reasons forconflict at work, accounting for 40% ofgrievances. In 2008/09 a total of 151,000employment tribunal claims were lodged.

The 2008 CIPD report goes on to commentthat only 30% of companies surveyed investin either conflict management or mediationskills training, and interestingly, those whodo invest, experience less tribunal claims.The pressure to manage conflict at work isoften being left to company HRdepartments. Although many HRprofessionals are trained to manage conflict,it is not reasonable - or commercially

Conflict Management Skills, A Necessity

not a Luxury in 21st Century Business!

intelligent - to expect the HR department toassume full responsibility for defusingconflict. As it encourages a culture where HRis seen as the middle man betweenmanagement and direct reports. This isunproductive as it creates greater tensionand weakens team spirit, ultimately leadingto lower productivity and potential clientdissatisfaction. Additionally, it means thatemployees do not learn how to interact

more effectively and become moreresponsible for their behaviour.

The most logical step is to provideemployees, line managers and directors withthe necessary skills to manage conflict.

Employees need to have an understandingof how to manage conflict, and to be awareof how their behaviour/conduct cancontribute to its creation. Most companiesbuild successful teams by pulling togetherpeople with different skillsets and differentpersonalities, being able to deal withdifference is an essential workplace skill.Conflict stems from not accepting difference.The more different an individual is from us,the more likely we will find them difficult tounderstand.

The Jones & Brinkert comprehensive conflict-coaching model states that there are threeperspectives that contribute to how conflictemerges in our relationships at work. Theseperspectives are:

Identity - is about thinking that somethingor someone is stopping us from being whowe are, or who we want to be. Or how ourbehaviour/conduct is portrayed as damagingthe identity of another.

Joanne Hannah
http://www.scottishmediation.org.uk/


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Emotion - is a word that many peopledislike, especially in the workplace, as it isseen as being too touchy feely or a private/personal matter. However, everyoneexperiences emotions, they are quite

literally an Energy in Motion! They arealso at the core of conflict, and are ourmeasure of how important something is tous. Emotions motivate and act as signpoststo reasons why we, and others, act in aparticular way.

Power is all about influence, and how weuse it to achieve what we need from asituation. Once the other perspectives areunderstood, the ability to influence is greatly

improved.

So what are the options whencompanies want to reduce conflict?

Be strategic; do not wait until you arefacing a crisis. Prevent conflict before itstarts: intervene in small problems beforethey grow in to larger and more costlyissues. According to the Mediation TrainingInternational Institute:

80% of workplace conflicts that reach theformal dispute resolution system could havebeen resolved early, quickly, andinexpensively . . . I f the employees directlyinvolved had known how.

Conflict management should become acore competency for senior managers,thereby providing a performance indicatormeasuring how effectively an individual

manages conflict. Once conflict managementbecomes part of a performance framework,it is more likely to become an acceptablepart of an employees job role, and as aresult, conflict is less likely to derailorganisational performance.

Introduce conflict management ormediation skills training in to thecompany s t ra in ing p rogramme.Alternatively, depending on an employees

learning style, and/or preference, offerconflict coaching as a one-toone learningintervention, to support employees thatlearn more effectively through a coachingpartnership.

According to the 2008 CIPD Survey, the topthree benefits of managing conflicteffectively are:

1. A reduction in the number of formaldisciplinary and grievance cases

2. Improvement in Team Morale3. Improvement in Team Performance/

Productivity

Finally, ignoring, or devaluing the impact ofconflict should not be an option. Jim Collins,author of Good to Great - Why SomeCompanies Make the Leap ... And OthersDont(2001) notes:

The builders of great companies are clockbuilders, not time tellers. They understandthat in order to build a truly great company,they must concentrate primarily on buildingthe organization.

As we know, people are at the foundation ofany organisation: people are relational, andthe healthier the relationships at work, thehealthier the organisation.

Joanne Hannah is lead mediator, coach andconsultant at Changequest Scotland, aworkplace mediation and managementcoaching company based in Edinburgh.www.changequestscotland.com

If you would like to access the reports that

Joanne refers to, please go to the CIPD

website, where access is provided. Please

note that some information may be

available to members only.

CIPD
http://www.changequestscotland.com/http://www.changequestscotland.com/http://www.cipd.co.uk/hr-resources/survey-reports/managing-conflict-work.aspxhttp://www.cipd.co.uk/hr-resources/survey-reports/managing-conflict-work.aspxhttp://www.scottishmediation.org.uk/http://www.cipd.co.uk/hr-resources/survey-reports/managing-conflict-work.aspxhttp://www.changequestscotland.com/


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Mediation in a Cold Economic Climate

Talking to mediators both north and south of the border one gets the very clearimpression that the market for mediation is somewhat sluggish. In Scotland we

have set ourselves the strategic goal of Growing the Market for Mediation whichwill hopefully mean that more opportunities to mediate are created for members ofthe Scottish Mediation Register.

One of our early successes has been to persuade the Scottish Governments HealthDirectorate to pilot mediation in NHS Complaints Handling. It is hoped that the pilotwill see 100 mediations taking place over the course of the next 9 to 12 months. Ifthis is the case, then this will be the largest mediation pilot, outwith community andfamily mediation service provision, that has been run in the history of the network.

I have spent quite a lot of time in the last 9 months negotiating this project withcolleagues from the Scottish Government and various Health Boards involved. Iwanted to share with the members of the Network some of the lessons that I havelearned along the way, in the hope that this might help to improve the chances ofour members securing opportunities to mediate across Scotlands public and privatesector.

Mediation is new to most people

When the economic outlook is bleak, managers in both the public and private sectorare likely to be much more risk averse than in healthier, wealthier times. This

mitigates against trying new things which are untested, and therefore by definitioncarry a higher level of risk. Since mediation is new to most people, then it meansthat mediators have to work harder to convince potential clients that it is worthtrying out.

Quality Assurance is central

The best way to reassure potential customers is to demonstrate a really robustquality assurance system. The feedback received both during the Review ofPractice Standards for Mediators in Scotland and during the discussions with NHSScotland has been that recommendations from previous clients are by far the

strongest means of persuasion.

In the discussions over the NHS pilot, the commissioning body was very clear aboutwhere they wanted to set the bar in terms of quality. They stipulated that mediatorshad to be able to evidence that they met the qualifications of the Scottish MediationRegister, as it had not escaped their notice that this was a self certifying scheme.They also required that mediators provide evidence of their last 5 mediations andwanted feedback from at least one person who had participated in them. Thisposes a difficulty for mediators who vouchsafe confidentiality to their clients. Therewas some flexibility built in, the dates of the last 5 mediations could be given andevidence provided for 3 out of the last 5 from a participant. The participant wasdefined as anyone who had been part of the process, a commissioning officer, oneof the parties, a mediation supervisor where the mediation was being conducted onbehalf of a Mediation Service Provider. What this amounted to was a requirement


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for mediators to present a portfolio of evidence to demonstrate that they met theselection criteria for the panel. Whilst this may present an obstacle, it is one that ispossible to satisfy.

However, the indications are that in future individuals who want to secure

opportunities to do paid mediation will be better placed to do so if they have a goodrecord keeping system and are able to persuade clients or parties or mediationsupervisers to provide references.

Transparency and Accountability must be robust

NHS Scotland were aware that Scotland is a small place, and the pool of mediatorsin Scotland is also limited, therefore the likelihood that there would be pre existingcommercial relationships between mediators would be very high. They thereforerequired us to go outwith Scotland and the SMN to obtain the services of anexperienced mediator who could assist them with the selection process. This was to

ensure the highest standards of transparency and accountability of mediators.

I was acutely aware that not being able to talk to mediators in Scotland about thepilot put me at a disadvantage when it came to making sure that the mediation pilotwas well designed. I went elsewhere for that advice and guidance. Ann Ward Plattwas very generous with her time, and she probably knows more about mediationand the health service than anyone else in the UK. We have also secured theservices of Peter Adler, an internationally renowned mediator who has a lot ofexperience of mediation in healthcare. Peter Adler will assist NHS Scotland in theselection of mediators for the panel.

Any suggestion that there was preferential access to information or opportunities tobid for this work, and NHS Scotland would have cancelled this contract forthwithand never done business with us again. So, like Calpurnia, Caesars wife, we mustbe beyond reproach.

Persuading the Parties to go to Mediation

The first challenge was to persuade the managers of the NHS Complaints HandlingUnits to use mediation services. The next, and frankly much bigger challenge, is topersuade the parties to agree to go to mediation. We are doing what we can to

front load this. A plain English toolkit is being produced containing information forcomplainants and NHS staff. During the summer we will be making a video showingmediation in an NHS context. Awareness raising sessions for complaints handlingstaff are being organised and publicity materials produced.The outcome will, to a great degree, be dependent upon the skills of the mediatorsselected in selling mediation to the parties. The mediation will be free to the parties,and therefore should be easier to persuade parties to sign up to it than if they werepaying for this service themselves. However mediation in complaints handling in thepublic sector is in its infancy and one of the interesting lessons from the pilot will behow willing parties will be to use mediation.

We will watch this closely and report back any lessons learned.

Margaret Lynch, Scottish Mediation Network Director


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Local CPD Sessions for the North EastSMN has been encouraging local membership groups to form and organise local networkingand events. One such group which has formed recently is the North East membershipgroup, which is focussing on running CPD events.

North-east based mediators , Linda Paterson and Aileen Riddell aka The MediationPartnership, are running Mediation CPD sessions in Aberdeen for all budding andexperienced mediators. The Partnership recognised that there was a gap in training andsupport provision for mediators outwith the central belt, and with more than twenty yearsof mediation and training experience between them, decided to set up a series of accessibleand practical training sessions to address this.

Linda says, Although Aileen and I have been involved in mediation since the mid 90s wefeel that its really just starting to take off here in the north -east, with more employerswaking up to the benefits of mediation in both cost saving and improved staff morale and

working relationships.

As a lay member for Employment Tribunals, Aileen has first-hand experience of the stressand cost of workplace conflicts which end up at a tribunal. She says, Often cases collapseor settle at the last minute after having incurred months of anxiety and financial outlay forall parties concerned. Even if the case progresses through to Tribunal with all theassociated stress, someone will lose their case.

The North-East CPD sessions aim to give the opportunity for mediators from all sectors ofpractice, including lawyer/mediators, freelance mediators and in-house mediation teams, tomeet together to refresh their practice and learn from both the trainers and other

mediators.

The next session in Aberdeen is on Thursday June 2nd from 5pm to 7.30pm and will focuson the flexibility of using mediation by considering the different models of practice. Wewill also have an input from Jeannie Felsinger, Director of Grampian Racial Equality Councilon mediating in different cultural contexts. This will be held at the offices of Counselling

and Family Mediation Grampian , 493 Union Street, AberdeenAB11 6DB

For SMN members the normal rate of 60 per person persession is discounted to 45. For further details or to book a

place please call Aileen on 07950 395276 or email us onenquiries@mediation partnership.co.uk

SMN says Its good to hear that mediation is alive and kickingoutwith the Central Belt. Were very pleased to see the NorthEast area group putting on events and SMN members canbenefit from local provision of quality CPD events withouthaving to pay for travel and accommodation. We want toencourage members in other areas to set up local groups andwould be happy to provide support in the form of facilitatinginitial meetings for any other groups who wish to set up.

Please just email us at [email protected] withthe subject new regional group.


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New Membership YearJoin the Scottish Mediation Network

We are welcoming new applications for membership of the Scottish Mediation Network andapplications to join the Scottish Mediation Register. Please follow this linkto be directed to asimple application form. Please do not use the current website, as it is under reconstruction.Alternatively, contact [email protected] for further information.

Membership is open to all and the many benefits include:

Opportunities to Share and LearnAccess Initiative Groups including Additional Support Needs, Peer Mediation and Workplace& Employment where they get a chance to share their expertise and benefit from othersexperience, skills and knowledge of mediation and dispute resolution.Newfor 2011/2012: In-House Mediation Initiative Group.

Free and Discounted EventsImprove and update your practice skills through participation in free or discounted SMNevents, CPD and advance training for mediators, HR specialists, people managers,complaints handlers and anyone who is involved in dispute resolution at an exclusivediscounted SMN member rate.

Exclusive NetworkingJoin and participate in an active community in which you can engage with fellowprofessionals who supply and purchase mediation services.

Regular Collaborate Newsletters

Latest news, events, ideas and developments in mediation along with upcoming training andjob opportunities.

Advertise EventsAdvertise your event or training workshops in our monthly newsletter, Collaborate, with over2500 downloads, as well as on the Scottish Mediation Network website. We also providenewsflashes on special events, news, jobs and contracts that are notified to our members.

Coming soon: Access to members only resources and information through a newlyredeveloped website.

RegistrationThe Scottish Mediation Register is an independent register of mediators who meet standardsof quality. If you wish to join the Scottish Mediation Register, you must meet the BenchmarkStandards, a copy of which can be obtained on the Scottish Mediation Network website or bycontacting the office. The Scottish Mediation Register is a resource made available to thepublic through Find A Mediator on the Scottish Mediation Network website. This enables thepublic to search for a mediator by geographical area and by type of dispute. RegisteredMediators are also eligible to apply to be on the panel of the Scottish Mediation Helpline.

For a membership information pack and instructions for joining, please [email protected] with your request, or call 0131 556 1221 for further

information.

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https://spreadsheets.google.com/viewform?formkey=dHBhUWxUN28yNEptaHBkMWZXUFdmY1E6MQhttps://spreadsheets.google.com/viewform?formkey=dHBhUWxUN28yNEptaHBkMWZXUFdmY1E6MQhttp://www.scottishmediation.org.uk/http://www.scottishmediation.org.uk/http://www.scottishmediation.org.uk/https://spreadsheets.google.com/viewform?formkey=dHBhUWxUN28yNEptaHBkMWZXUFdmY1E6MQ


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New member of staff at the Scottish Mediation NetworkThe Scottish Mediation Network are pleased to welcome Helen Turner as our new memberof staff. Helen secured our much coveted summer internship and will responsible forpromoting the Scottish Mediation Helpline. Over the next three months she will be engagingwith advice giving agencies, the private sector and the public to raise the profile andawareness of the Scottish Mediation Helpline.If you would like more information about the Scottish Mediation Helpline, or would like it tobe promoted within your organisation, please get in touch with Helen.Helen will be in the office part-time and can be contacted by [email protected] calling 0131 556 1221

News from SMN

Did you spot us in the

Scotsman?

The Scottish Mediation Helpline receivedcoverage in the Law and Legal Affairs pagesof the Scotsman on Monday 9th May. Apicture from our wry postcard publicitycampaign was featured along with a story

entitled Half-way towards a win-winsettlement:

Its not peace, love and group hugs, butalternative dispute resolution does implyan element of humanity that is seldom thehallmark of adversarial civil litigation.

The story, by John Forsyth, can be read onthe Scotsman website, by following this link.

Many thanks to our photographer, MikeWawro,for producing the photographs forthis campaign.

He changed

the price half

way through

She changed

the job half

way through

Conflict: Dont let it get out of hand

Call the Scottish Mediation Helpline

0131 556 8118The Scottish Mediation Helpline is a Scottish Mediation Network project,

funded by the Justice Directorate of the Scottish Government

Scottish Charity Number SC034921 Company Registered i n Scotland SC258173

Registered Office: 18 York Place, Edinburgh, EH1 3EP

Contribute to Collaborate

We welcome contributions to Collaborate, which is distributed to hundreds of readers everytwo months. If you would like to contribute an article, or have information that would be ofinterest to our readers, please contact [email protected] by Wednesday

22nd June for the July edition.

The content of Collaborate is subject to editorial discretion.
mailto:[email protected]:[email protected]://news.scotsman.com/politics/Law-and-Legal-Affairs-Halfway.6764802.jp?articlepage=3http://news.scotsman.com/politics/Law-and-Legal-Affairs-Halfway.6764802.jp?articlepage=3http://news.scotsman.com/politics/Law-and-Legal-Affairs-Halfway.6764802.jp?articlepage=3mailto:[email protected]


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SMN Training

PEER MEDIATION

TRAINING FOR TRAINERS23rd and 24th August

Scottish Mediation Network, 18 York Place, Edinburgh, EH1 3EP

At the end of this two-day event, participants will be equipped with the informationrequired to deliver peer mediation training in schools. Participants will be givenaccess to training materials, resources and information to help create a peermediation training toolkit.

Content Working in schools and within the school culture History and background of peer mediation in Scotland The place of peer mediation in a whole school approach to relationships Setting up peer mediation: consultancy and preparation Peer mediation models Training children and young people: guidelines, materials and golden rules Sustaining and maintaining peer mediation Monitoring and evaluation

Event Aims To equip participants with the knowledge and skills to deliver peer mediation

training To build training capacity and to increase the number of peer mediation trainers

in Scotland To work towards the development of validation and standardisation of peer

mediation practice and training

No previous experience of delivering peer mediation is required. Mediators who havesome experience of peer mediation are also welcome.

Carol Hope will deliver this much anticipated Training for Trainers event. Carol isScotlands most experienced peer mediation trainer. Carol Hope is an accreditedfamily, workplace, equalities and additional support for learning mediator.

Costs: 300 including refreshment and lunch of both days.

For more information or to book a place, contact: [email protected] call 0131 556 1221
http://www.scottishmediation.org.uk/


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Five-day Mediation Skills Course6, 7, 13, 14, 20 June 2011 Edinburgh

This is an assessed, accredited course for people who will be using mediation

skills in their work. The course provides information on key concepts inmediation and the opportunity to discuss and practice basic skills in a safe,

relaxed atmosphere. It covers the whole mediation process from first contact

with the service to closing a case. The mediator's role is explained and

practised using typical scenarios for first visits to explore mediation as anoption, preparing clients for joint meetings and handling difficult behaviour at

a meeting.

Cost: 600. To Book a place or for more information, please contact:Robert Lambden, Scottish Community Mediation Centre

Tel. 0131 624 9200Email: [email protected] www.scmc.sacro.org.uk

ADVERTISEMENTS

Grampian Regional Equality Council: Mediation ServiceGREC has vast experience in promoting good relations and resolving tensions and conflict inthe workplace and community. Our specialist Mediation Service is provided across Scotlandby qualified mediators and includes:

For further information please contact GREC on:-tel 01224 595505 or e-mail [email protected]

GREC is a Registered Scottish Charity: SC001823 Company No. 396286GREC is a member of the Scottish Mediation Network and listed on the Scottish Mediation Register

MEDIATION &EARLY CONFLICT RESOLUTION

Help reach a mutually acceptable solutionto disputes or problems.

Resolve disputes internally at an early

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workplace. Future focussed and solution seeking. Effective and has a high rate of success.

TRAINING Training tailored to meet your needs. Courses available on aspects such as

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Suitable for managers, HR, welfare,diversity staff, trade unions, trainers andanyone who may benefit from conflictresolution skills or knowledge regardingequality matters.
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INTRODUCTION TO TA FOR MEDIATORS

This CPD day aims to provide mediators with intriguing insights and practice skills

from transactional analysis theory, which will help to enhance their work with

clients. It will give a broad introduction to transactional analysis (TA), and then go

on to discuss its particular application to mediation practice.

No previous knowledge of TA is required. Concepts introduced will include:

Parent, Adult and Child ego states, psychological games, strokes, and discounting.

Date: Tuesday 7 June 2011, 9.45am for 10.00am-4.00pm

Venue: Relationships Scotland, 18 York Place, EdinburghCost for Members of RS Network: 50 to include training materials, sandwichlunch & refreshments.Cost for Non-Members: 115 as above.

Presenter:Alison Ayres, B. Mus., CTA, TSTA, UKCP reg is a trainer with the

Edinburgh Institute for Counselling and Psychotherapy. She believes that TA offers

easily understood and practical models for understanding the nature of

relationships.

For further information and booking form please contact:- Diana Reilly atRelationships Scotland, 18 York Place, Edinburgh, EH1 3EP T. 0845 119

2020/F. 0845 119 6089 or email [email protected]

Advertise in Collaborate

SMNMember

Non-Member

1/4page

Free 50

1/2

pageFree 100

Fullpage

75 200

For enquiries or to place an advertin Collaborate, please contact

[email protected]

Adverts will be published subject toeditorial discretion.


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Page 17collaborate

The Scottish Mediation Network is funded the Scottish Government.

Mediation in ItalyThe pressure on Italys over-burdened civil court system is set to ease, with new legislationcompelling parties in civil and commercial disputes to attempt to resolve their dispute

through mediation. The legislation, which came into force on 21st

March 2011, stipulates thatmandatory mediation should take place pre-trial and once completed, the dispute willproceed to be heard before a judge in the civil court. In a country where litigation is thenorm, the Italian national lawyers union (Organismo Unitario dellAvvocatura) encouragedsolicitors to strike in opposition to the legislation.

Italian solicitors are now compelled to inform their clients about the mediation process.Mediation services will be offered by 170 registered bodies, including public bodies such asthe Chambers of Commerce or Professional Councils and private professional bodiesregistered with the Italian Ministry of Justice. Disputants in Italy will have four months forthe mediation process, any agreement reached must comply with Italian law in order to be

enforceable. Where there is failure to reach an agreement, this will lead to thecommencement of proceedings.

The catalyst for change in Italy has been the length of time for cases to proceed through thecourts. It takes 2.4 years on average for a civil claim to be disposed in the Italian courts ofgeneral jurisdiction. (1)The American Lawyer reports that Italy suffers from a back-log of5.4 million cases. (2)

The developments in Italy highlight moves towards efficiency that are taking place acrossEurope, but raise the question whether mediation can be effective where there is compulsionto take part in the process. The Scottish Mediation Network describes mediation as a

voluntary process.

Italy is the only European state to have included mandatory mediation in its implementationof the EU Mediation Directive (2008/52/EC) for cross-border disputes. By May 20011 all EUMember States (except Denmark who opted out) are required to implement the rules. (3)

For access to the information provided, please use the hyperlinks, numbered throughoutarticle.

Alternative Methods of Resolving Disputes:Literature Review

Collaborate readers may be interested in the recent Health Professions Councilpublished Literature Review prepared by Charlie Irvine, Rachel Robertson and BryanClark of the University of Strathclyde. The review looks at how mediation might beused to deal with complaints against health professionals, and has the potential tolead to a long term policy change in the Health Professions Council. A full copy ofthe review can be found on the Health Professions Councils website, or by followingthis link.
http://digitalcommons.law.yale.edu/fss_papers/15http://digitalcommons.law.yale.edu/fss_papers/15http://www.law.com/jsp/tal/digestTAL.jsp?id=1202485791030&The_Global_Lawyer_Italian_Lawyers_to_Strikehttp://www.law.com/jsp/tal/digestTAL.jsp?id=1202485791030&The_Global_Lawyer_Italian_Lawyers_to_Strikehttp://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1060&format=HTML&aged=0&language=EN&guiLanguage=enhttp://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1060&format=HTML&aged=0&language=EN&guiLanguage=enhttp://www.hpc-uk.org/publications/index.asp?id=462http://www.hpc-uk.org/publications/index.asp?id=462http://www.hpc-uk.org/publications/index.asp?id=462http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1060&format=HTML&aged=0&language=EN&guiLanguage=enhttp://www.law.com/jsp/tal/digestTAL.jsp?id=1202485791030&The_Global_Lawyer_Italian_Lawyers_to_Strikehttp://digitalcommons.law.yale.edu/fss_papers/15

may collaborate 2011

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