For people interested in mediation in Scotland

collaborate
May 2011
Issue No 66

Mediation in NHS Complaints Handling

Margaret Lynch, SMN Director
The Scottish Mediation Network is establishing a pilot project in partnership with the Scottish
Government Health Directorates Patients Support and Participation Division, and five Health
Boards 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 consider
the use of mediation services where appropriate and where both parties agree. Mediation is
not often used by NHS Boards. The Patients Rights (Scotland) Act 2011 which received Royal
Assent on 31 March 2011 introduces a “Right to Complain” and will raise the awareness of
the possible use of mediation in complaints handling. The purpose of the pilot is to identify
how and when mediation might help is resolving complaints against the NHS in Scotland.

Inside this Intended Outcome

page A mediation system design based on and reflecting key
issue
lessons learned from the use of mediation in complaints
Recruitment 4 handling which can be adopted by NHS boards to enhance
their complaints handling processes.
Conflict
Management 6 How the pilot will be organised
Skills  SMN will provide information packs to mediators and
parties, information and promotional materials on
Mediation in a
mediation and the NHS pilot.
Cold Economic 8
Climate  NHS Complaints Handling staff will be given mediation
Local CPD in the awareness training and will develop a checklist for
10 screening cases for mediation.
North East
New  Cases will be screened by NHS Board Complaints
11
Membership Handling Staff to identify those cases deemed suitable
News from SMN 12 for mediation.

SMN Training 13  An agreed standard information pack will be sent to the

complainant inviting them to take part in the pilot.
Adverts 14 The letter will explain that participation in the pilot is
Mediation in free, entirely voluntary and there will be an
17 opportunity for the complainant to speak in advance
Italy
to a mediator who will explain the process and answer
any questions they may have about mediation.

The Scottish Mediation Network is funded by the Scottish Government.

Scottish Charity No SC034921, Company No SC258173
Registered Office: 18 York Place Edinburgh EH1 3EP www.scottishmediation.org.uk
collaborate
 SMN will appoint a mediator who will
call the parties and explain the process
and answer any questions they have
about mediation. If the complainant is
happy to participate they will be asked
to complete a letter of consent and a
date for mediation will be agreed.
There is an expectation that
mediations will be concluded within 20
days of the referral to mediation. This
is a requirement to meet NHS targets
for complaints handling which are set
by Government.
 A pre mediation questionnaire and
telephone calls to the parties will be
used to prepare for the mediation and
decide on the most appropriate
approach. Mediations can be
conducted face to face with all the
parties present, face to face with the
mediator meeting the complainant and
NHS staff separately, or they can be
conducted via the telephone. The
approach adopted will be decided
based on the wishes of the parties and
the mediator‟s initial assessment.
 The mediator will facilitate a meeting
of the parties to reach a mutually
acceptable outcome to the mediation.
A mediation agreement will be drawn
up and record the agreement reached
and will be signed by all parties on the
day.
 All mediators participating in the pilot
will be expected to comply with the
monitoring and evaluation
arrangements put in place which will
include record keeping, completion of
mediator feedback forms, gathering
feedback forms from the parties and
taking part in focus/feedback groups.
It is hoped that each NHS board will
generate 20 cases suitable for mediation
during the course of the pilot. Across the 5
participating boards we hope to mediate a
total of 100 cases. This should generate
sufficient learning to enable conclusions to
be drawn.
Page 2
INVITATION TO APPLY TO JOIN THE
MEDIATORS PANEL FOR THE NHS
COMPLAINTS HANDLING PROJECT
All Scottish Mediation Registered
mediators are invited to apply to join the
panel. The following are essential
selection criteria against which all
applications will be measured:
 Evidence is provided that the
requirements of the SMR have been
met in full
 References are provided from
individuals who have participated in
3 of the last 5 mediations
undertaken, and dates of the last 5
mediations are given.
The following desirable selection criteria
will be used to ensure that applicants with
the most relevant experience are selected
for the panel:
 Evidence of mediation in an NHS or
public sector environment, or
evidence of experience in complaints
handling within the public sector or
NHS bodies.
 Evidence that more than 20
mediations have been undertaken in
the last 24 months.
The Selection Process
Applicants can obtain recruitment packs
from admin@scottishmediation.org.uk or
can download them from the Scottish
Mediation website
www.scottishmediation.org.uk
Applications should be completed and
returned with the required evidence to
admin@scottishmediation.org.uk or to
Michaela Wilson, Administrator, Scottish
Mediation Network, 18 York Place,
Edinburgh EH1 3EP by 2.00pm on Monday
13th June 2011.
Applications will be shortlisted against the
selection criteria and candidates who will
be called to the assessment day will be
duly notified.
Applicants will be invited to attend an
interview/ assessment day where a panel
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comprising two representatives from the commissioning health boards and Peter Adler, an
internationally renowned mediator with significant experience in the healthcare sector, will
determine the final panel list members.

What do I do if I have a question about the project which needs to be answered

before I can apply?
It is anticipated that there will be a high level of interest in this pilot, and therefore SMR
members and others are asked to submit any questions they have by email to
admin@scottishmediation.org.uk and a Frequently Asked Questions sheet will be produced
and posted on the SMN website.

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

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

Remuneration
Mediators will be paid a flat rate of £280 per mediation concluded on submission of the end
of mediation report, clients feedback forms and any other monitoring and evaluation
materials 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

admin@scottishmediation.org.uk

Any questions should be addressed to admin@scottishmediation.org.uk.

A Frequently Asked Questions response will then be produced and posted on the
website 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 peer
mediation training session to staff and managers at Craig's Farm on Tuesday. This is
hopefully the start of their long and successful career in peer mediation training
delivery.

UPCOMING TRAINING
Training 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 MEDIATORS

FOR NHS SCOTLAND MEDIATION PILOT IN
COMPLAINTS HANDLING
Scottish Mediation Registered Mediators who can provide evidence of the following 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

Applicants can obtain recruitment packs from admin@scottishmediation.org.uk or can

download 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 SMR
members and others are asked to submit any questions they have by email to
admin@scottishmediation.org.uk and a Frequently Asked Questions sheet 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.

For an application pack:

Go to www.scottishmediation.org.uk to download the application pack, or

email admin@scottishmediation.org.uk

Any questions should be addressed to admin@scottishmediation.org.uk.

A Frequently Asked Questions response will then be produced and posted on

the 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 the
following 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 Provision

The 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, and
therefore SMR members and others are asked to submit any questions they have
by email to admin@scottishmediation.org.uk and a Frequently Asked Questions
sheet 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.

collaborate
Conflict Management Skills, A Necessity
not a Luxury in 21st Century Business!
The ability to manage conflict is not a skill
that many people have naturally, and in
many organisations, conflict management is
not seen as a core competency for success
at management or director level. Conflict, in
itself is not a problem, as it can contribute
to significant positive change within
organisations, as different viewpoints can
challenge the status quo, leading to
innovation and improved ways of working:
But with skill scarcity in managing this area,
how can it be managed successfully within
the workplace?
According to the 2007 CIPD Report,
Managing Conflict at Work, behaviour/
conduct was named as the biggest cause of
conflict across all industry sectors
(manufacturing and production, private
sector, not for profit and public services).
Consequently, behaviour/conduct complaints
led to the highest number of employment
tribunal cases, followed by cases dealing
with issues of sex, race or disability
discrimination and bullying and harassment.
A further CIPD/OPP survey dated October
2008 went on to support the findings of the
2007 report, by citing warring egos and
personality clashes, as the main reasons for
conflict at work, accounting for 40% of
grievances. In 2008/09 a total of 151,000
employment tribunal claims were lodged.
The 2008 CIPD report goes on to comment
that only 30% of companies surveyed invest
in either conflict management or mediation
skills training, and interestingly, those who
do invest, experience less tribunal claims.
The pressure to manage conflict at work is
often being left to company HR
departments. Although many HR
professionals are trained to manage conflict,
it is not reasonable - or commercially
Page 6
Joanne Hannah
intelligent - to expect the HR department to
assume full responsibility for defusing
conflict. As it encourages a culture where HR
is seen as the middle man between
management and direct reports. This is
unproductive as it creates greater tension
and weakens team spirit, ultimately leading
to lower productivity and potential client
dissatisfaction. Additionally, it means that
employees do not learn how to interact
more effectively and become more
responsible for their behaviour.
The most logical step is to provide
employees, line managers and directors with
the necessary skills to manage conflict.
Employees need to have an understanding
of how to manage conflict, and to be aware
of how their behaviour/conduct can
contribute to its creation. Most companies
build successful teams by pulling together
people with different skillsets and different
personalities, being able to deal with
difference 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 to
understand.
The Jones & Brinkert comprehensive conflict
-coaching model states that there are three
perspectives that contribute to how conflict
emerges in our relationships at work. These
perspectives are:
Identity - is about thinking that something
or someone is stopping us from being who
we are, or who we want to be. Or how our
behaviour/conduct is portrayed as damaging
the identity of another.
collaborate
Emotion - is a word that many people
dislike, especially in the workplace, as it is
seen as being too touchy feely or a private/
personal matter. However, everyone
experiences emotions, they are quite
literally an “Energy in Motion”! They are
also at the core of conflict, and are our
measure of how important something is to
us. Emotions motivate and act as signposts
to reasons why we, and others, act in a
particular way.
Power – is all about influence, and how we
use it to achieve what we need from a
situation. Once the other perspectives are
understood, the ability to influence is greatly
improved.
So what are the options when
companies want to reduce conflict?
Be strategic; do not wait until you are
facing a crisis. Prevent conflict before it
starts: intervene in small problems before
they grow in to larger and more costly
issues. According to the Mediation Training
International Institute:
“80% of workplace conflicts that reach the
formal dispute resolution system could have
been resolved early, quickly, and
inexpensively . . . I f the employees directly
involved had known how.”
Conflict management should become a
core competency for senior managers,
thereby providing a performance indicator
measuring how effectively an individual
manages conflict. Once conflict management
becomes part of a performance framework,
it is more likely to become an acceptable
part of an employee‟s job role, and as a
result, conflict is less likely to derail
organisational performance.
Introduce conflict management or
mediation skills training in to the
company‟s training programme.
Alternatively, depending on an employees
Page 7
learning style, and/or preference, offer
conflict coaching as a one-to–one learning
intervention, to support employees that
learn more effectively through a coaching
partnership.
According to the 2008 CIPD Survey, the top
three benefits of managing conflict
effectively are:
1. A reduction in the number of formal
disciplinary and grievance cases
2. Improvement in Team Morale
3. Improvement in Team Performance/
Productivity
Finally, ignoring, or devaluing the impact of
conflict should not be an option. Jim Collins,
author of Good to Great - Why Some
Companies Make the Leap ... And Others
Don’t (2001) notes:
“The builders of great companies are clock
builders, not time tellers. They understand
that in order to build a truly great company,
they must concentrate primarily on building
the organization.”
As we know, people are at the foundation of
any organisation: people are relational, and
the healthier the relationships at work, the
healthier the organisation.
Joanne Hannah is lead mediator, coach and
consultant at Changequest Scotland, a
workplace mediation and management
coaching 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
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Mediation in a Cold Economic Climate

Talking to mediators both north and south of the border one gets the very clear
impression that the market for mediation is somewhat sluggish. In Scotland we
have set ourselves the strategic goal of “Growing the Market for Mediation” which
will hopefully mean that more opportunities to mediate are created for members of
the Scottish Mediation Register.

One of our early successes has been to persuade the Scottish Government‟s Health
Directorate to pilot mediation in NHS Complaints Handling. It is hoped that the pilot
will see 100 mediations taking place over the course of the next 9 to 12 months. If
this is the case, then this will be the largest mediation pilot, outwith community and
family 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 with
colleagues from the Scottish Government and various Health Boards involved. I
wanted to share with the members of the Network some of the lessons that I have
learned along the way, in the hope that this might help to improve the chances of
our members securing opportunities to mediate across Scotland‟s public and private
sector.

Mediation is “new” to most people

When the economic outlook is bleak, managers in both the public and private sector
are likely to be much more risk averse than in healthier, wealthier times. This
mitigates against trying new things which are untested, and therefore by definition
carry a higher level of risk. Since mediation is new to most people, then it means
that mediators have to work harder to convince potential clients that it is worth
trying out.

Quality Assurance is central

The best way to reassure potential customers is to demonstrate a really robust
quality assurance system. The feedback received both during the Review of
Practice Standards for Mediators in Scotland and during the discussions with NHS
Scotland 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 about
where they wanted to set the bar in terms of quality. They stipulated that mediators
had to be able to evidence that they met the qualifications of the Scottish Mediation
Register, 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 and
wanted feedback from at least one person who had participated in them. This
poses a difficulty for mediators who vouchsafe confidentiality to their clients. There
was some flexibility built in, the dates of the last 5 mediations could be given and
evidence provided for 3 out of the last 5 from a participant. The participant was
defined as anyone who had been part of the process, a commissioning officer, one
of the parties, a mediation supervisor where the mediation was being conducted on
behalf 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 the
selection criteria for the panel. Whilst this may present an obstacle, it is one that is
possible 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 good
record keeping system and are able to persuade clients or parties or mediation
supervisers to provide references.

Transparency and Accountability must be robust

NHS Scotland were aware that Scotland is a small place, and the pool of mediators
in Scotland is also limited, therefore the likelihood that there would be pre existing
commercial relationships between mediators would be very high. They therefore
required us to go outwith Scotland and the SMN to obtain the services of an
experienced 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 the
pilot put me at a disadvantage when it came to making sure that the mediation pilot
was well designed. I went elsewhere for that advice and guidance. Ann Ward Platt
was very generous with her time, and she probably knows more about mediation
and the health service than anyone else in the UK. We have also secured the
services of Peter Adler, an internationally renowned mediator who has a lot of
experience of mediation in healthcare. Peter Adler will assist NHS Scotland in the
selection of mediators for the panel.

Any suggestion that there was preferential access to information or opportunities to

bid for this work, and NHS Scotland would have cancelled this contract forthwith
and never done business with us again. So, like Calpurnia, Caesar‟s wife, we must
be beyond reproach.

Persuading the Parties to go to Mediation

The first challenge was to persuade the managers of the NHS Complaints Handling
Units to use mediation services. The next, and frankly much bigger challenge, is to
persuade 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 for
complainants and NHS staff. During the summer we will be making a video showing
mediation in an NHS context. Awareness raising sessions for complaints handling
staff are being organised and publicity materials produced.
The outcome will, to a great degree, be dependent upon the skills of the mediators
selected 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 were
paying for this service themselves. However mediation in complaints handling in the
public sector is in its infancy and one of the interesting lessons from the pilot will be
how 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 East

SMN has been encouraging local membership groups to form and organise local networking
and events. One such group which has formed recently is the North East membership
group, which is focussing on running CPD events.

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

Linda says, ”Although Aileen and I have been involved in mediation since the mid „90s we
feel that it‟s really just starting to take off here in the north-east, with more employers
waking 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 stress
and cost of workplace conflicts which end up at a tribunal. She says, “Often cases collapse
or settle at the last minute after having incurred months of anxiety and financial outlay for
all parties concerned. Even if the case progresses through to Tribunal with all the
associated stress, someone will lose their case.

The North-East CPD sessions aim to give the opportunity for mediators from all sectors of
practice, including lawyer/mediators, freelance mediators and in-house mediation teams, to
meet 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 focus
on the flexibility of using mediation by considering the different models of practice. We
will also have an input from Jeannie Felsinger, Director of Grampian Racial Equality Council
on mediating in different cultural contexts. This will be held at the offices of Counselling
and Family Mediation Grampian , 493 Union Street, Aberdeen
AB11 6DB

For SMN members the normal rate of £60 per person per
session is discounted to £45. For further details or to book a
place please call Aileen on 07950 395276 or email us on
enquiries@mediation partnership.co.uk

SMN says “It‟s good to hear that mediation is alive and kicking
outwith the Central Belt. We‟re very pleased to see the North
East area group putting on events and SMN members can
benefit from local provision of quality CPD events without
having to pay for travel and accommodation. We want to
encourage members in other areas to set up local groups and
would be happy to provide support in the form of facilitating
initial meetings for any other groups who wish to set up.
Please just email us at admin@scottishmediation.org.uk with
the subject „new regional group‟.”
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New Membership Year

Join the Scottish Mediation Network
We are welcoming new applications for membership of the Scottish Mediation Network and
applications to join the Scottish Mediation Register. Please follow this link to be directed to a
simple application form. Please do not use the current website, as it is under reconstruction.
Alternatively, contact admin@scottishmediation.org.uk for further information.

Membership is open to all and the many benefits include:

Opportunities to Share and Learn

Access Initiative Groups including Additional Support Needs, Peer Mediation and Workplace
& Employment where they get a chance to share their expertise and benefit from others‟
experience, skills and knowledge of mediation and dispute resolution.
New for 2011/2012: In-House Mediation Initiative Group.

Free and Discounted Events

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

Exclusive Networking
Join and participate in an active community in which you can engage with fellow
professionals who supply and purchase mediation services.

Regular Collaborate Newsletters

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

Advertise Events
Advertise your event or training workshops in our monthly newsletter, Collaborate, with over
2500 downloads, as well as on the Scottish Mediation Network website. We also provide
newsflashes on special events, news, jobs and contracts that are notified to our members.

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

Registration
The Scottish Mediation Register is an independent register of mediators who meet standards
of quality. If you wish to join the Scottish Mediation Register, you must meet the Benchmark
Standards, a copy of which can be obtained on the Scottish Mediation Network website or by
contacting the office. The Scottish Mediation Register is a resource made available to the
public through Find A Mediator on the Scottish Mediation Network website. This enables the
public to search for a mediator by geographical area and by type of dispute. Registered
Mediators 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 contact
admin@scottishmediation.org.uk with your request, or call 0131 556 1221 for further
information.
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News from SMN

New member of staff at the Scottish Mediation Network

The Scottish Mediation Network are pleased to welcome Helen Turner as our new member
of staff. Helen secured our much coveted summer internship and will responsible for
promoting the Scottish Mediation Helpline. Over the next three months she will be engaging
with advice giving agencies, the private sector and the public to raise the profile and
awareness of the Scottish Mediation Helpline.

If you would like more information about the Scottish Mediation Helpline, or would like it to
be promoted within your organisation, please get in touch with Helen.

Helen will be in the office part-time and can be contacted by emailing

helen@scottishmediation.org.uk or calling 0131 556 1221

Did you spot us in the

Scotsman? She changed
the job half
way through
The Scottish Mediation Helpline received
coverage in the Law and Legal Affairs pages
of the Scotsman on Monday 9th May. A
picture from our “wry postcard publicity
campaign” was featured along with a story
entitled “Half-way towards a win-win
settlement”: He changed
the price half
“Its not peace, love and group hugs, but way through
alternative dispute resolution does imply
an element of humanity that is seldom the
hallmark of adversarial civil litigation.”

The story, by John Forsyth, can be read on

the Scotsman website, by following this link.
Conflict: Don’t let it get out of hand
Many thanks to our photographer, Mike
Call the Scottish Mediation Helpline
Wawro, for producing the photographs for
0131 556 8118
this campaign.
The Scottish Mediation Helpline is a Scottish Mediation Network project,
funded by the Justice Directorate of the Scottish Government

Scottish Charity Number SC034921 Company Registered in 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 every
two months. If you would like to contribute an article, or have information that would be of
interest to our readers, please contact admin@scottishmediation.org.uk by Wednesday
22nd June for the July edition.

The content of Collaborate is subject to editorial discretion.

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SMN Training
PEER MEDIATION
TRAINING FOR TRAINERS
23rd 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 information
required to deliver peer mediation training in schools. Participants will be given
access to training materials, resources and information to help create a peer
mediation 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 have

some experience of peer mediation are also welcome.

Carol Hope will deliver this much anticipated Training for Trainers event. Carol is
Scotland‟s most experienced peer mediation trainer. Carol Hope is an accredited
family, 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: admin@scottishmediation.org.uk

or call 0131 556 1221
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ADVERTISEMENT Page 14
collaborate
ADVERTISEMENTS Page 15

Grampian Regional Equality Council: Mediation Service

GREC has vast experience in promoting good relations and resolving tensions and conflict in
the workplace and community. Our specialist Mediation Service is provided across Scotland
by qualified mediators and includes:
MEDIATION & TRAINING
EARLY CONFLICT RESOLUTION  Training tailored to meet your needs.
 Help reach a mutually acceptable solution  Courses available on aspects such as
to disputes or problems. early conflict resolution and mediation,
 Resolve disputes internally at an early equality, recognising and tackling
stage before they escalade. harassment & bullying at work and
 Alternatives to more adversarial methods much more!
of tackling disputes.  Suitable for managers, HR, welfare,
 Rebuild positive relations in the diversity staff, trade unions, trainers and
workplace. anyone who may benefit from conflict
 Future focussed and solution seeking. resolution skills or knowledge regarding
 Effective and has a high rate of success. equality matters.

For further information please contact GREC on:

-tel 01224 595505 or e-mail info@grec.co.uk-
GREC is a Registered Scottish Charity: SC001823 Company No. 396286
GREC is a member of the Scottish Mediation Network and listed on the Scottish Mediation Register

Five-day Mediation Skills Course

6, 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 in
mediation 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 an
option, 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 9200

Email: info@scmc.sacro.org.uk www.scmc.sacro.org.uk
collaborate
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Full £75 £200
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For enquiries or to place an advert
in Collaborate, please contact
admin@scottishmediation.org.uk

Adverts will be published subject to

editorial discretion.

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, Edinburgh
Cost for Members of RS Network: £50 to include training materials, sandwich
lunch & 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 at
Relationships Scotland, 18 York Place, Edinburgh, EH1 3EP T. 0845 119
2020/F. 0845 119 6089 or email diana.reilly@relationships-scotland.org.uk
collaborate Page 17

Mediation in Italy
The pressure on Italy‟s over-burdened civil court system is set to ease, with new legislation
compelling 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 that
mandatory mediation should take place pre-trial and once completed, the dispute will
proceed to be heard before a judge in the civil court. In a country where litigation is the
norm, the Italian national lawyers union (Organismo Unitario dell’Avvocatura) encouraged
solicitors 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 as
the Chambers of Commerce or Professional Councils and private professional bodies
registered with the Italian Ministry of Justice. Disputants in Italy will have four months for
the 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 the
commencement of proceedings.

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

The developments in Italy highlight moves towards efficiency that are taking place across
Europe, but raise the question whether mediation can be effective where there is compulsion
to 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 implementation
of the EU Mediation Directive (2008/52/EC) for cross-border disputes. By May 20011 all EU
Member States (except Denmark who opted out) are required to implement the rules. (3)

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

Alternative Methods of Resolving Disputes:

Literature Review
Collaborate readers may be interested in the recent Health Professions Council
published Literature Review prepared by Charlie Irvine, Rachel Robertson and Bryan
Clark of the University of Strathclyde. The review looks at how mediation might be
used to deal with complaints against health professionals, and has the potential to
lead to a long term policy change in the Health Professions Council. A full copy of
the review can be found on the Health Professions Council‟s website, or by following
this link.

The Scottish Mediation Network is funded the Scottish Government.

Scottish Charity No SC034921, Company No SC258173
Registered Office: 18 York Place Edinburgh EH1 3EP www.scottishmediation.org.uk