Stephen Wood Mediation

When to use workplace mediation?

December 7, 2014
Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator.  The mediator works with the employees in helping them negotiate their own resolution and create an agreed way forward.

Workplace mediation can be used:
  • upon the raising of a grievance
  • during or after an investigation into a grievance
  • after a grievance meeting 
  • before a grievance appeal
  • when an employee returns to work after a long-term absence caused by conflict or stress
  • to improve morale and performance when conflict is affecting the working environment

Posted by Stephen Wood. Posted In : When to use 

 

Workplace Mediation in Oxford

December 1, 2014
Workplace disputes can frequently be extremely damaging to an employer, with disputes often escalating quickly, and typically leading to lower morale, lower productivity, higher staff turnover and employment tribunal claims.

Workplace mediation is a voluntary process, usually arranged by the employer, where two or more employees agree to attend a meeting with an impartial mediator.  The mediator works with the employees in helping them negotiate their own resolution and create an agreed way fo...
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Posted by Stephen Wood. Posted In : Workplace Mediation Oxford 

 

The difference between positions and interests

October 19, 2014
A position is a preferred course of action or a demand.  An interest is the reason(s) for a position or an objective.  A party's interests will usually consist of their needs, fears, desires and basic concerns which they are trying to satisfy with their fixed position.  There are often many ways of satisfying a party's interests, not just the one fixed position initially offered as the only solution.

Mediation attempts to identify the interests behind the positions, and find common ground at t...
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Posted by Stephen Wood. Posted In : Positions and Interests 

 

Telephone Mediations

October 11, 2014
Sometimes mediations may be conducted by telephone rather than in face to face meetings.  This may take place:
  • if the parties live far apart from each other;
  • following face to face mediations which have been adjourned;
  • to save costs; and 
  • in the Small Claims Court Mediation Scheme.
As with face to face mediations, the mediator will usually hold separate pre-mediation discussions with the parties by telephone.  

A telephone conference call may take the place of a joint meeting.  However, certainly w...

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Posted by Stephen Wood. Posted In : Telephone Mediation 

 

WATNA - Worst Alternative to a Negotiated Agreement

July 1, 2014
WATNA (Worst Alternative to a Negotiated Agreement) is a concept developed by Roger Fisher and William Ury of the Harvard Program on Negotiation.  It was popularised in their book Getting to Yes (Random House Business Books, 3rd edition, 2012).  The WATNA represents one of several paths which a party may follow if a settlement can not be reached.

Like its BATNA counterpart, the WATNA can be used to compare against the other options (including offers) available, to assist a party in making a mo...
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Posted by Stephen Wood. Posted In : WATNA 

 

Indemnity Costs for refusals to mediate

July 1, 2014
In the 2014 High Court decision of Phillip Garritt-Critchley & Others v Andrew Ronnan and Solarpower PV Limited, HHJ Waksman QC awarded indemnity costs to the Claimants after deciding that the Defendants' refusals to mediate were unreasonable.

Pannone represented the Claimants and have recently published a summary.  The Claimants had offered ADR both pre-issue and after proceedings were issued.  Furthermore, at the Case Management Conference in May 2013, District Judge Khan recommended that th...
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Posted by Stephen Wood. Posted In : Costs 

 

BATNA - Best Alternative to a Negotiated Agreement

June 21, 2014
BATNA (Best Alternative to a Negotiated Agreement) is a concept developed by Roger Fisher and William Ury of the Harvard Program on Negotiation.  It was popularised in their book Getting to Yes (Random House Business Books, 3rd edition, 2012).  It refers to the best outcome you can hope for if you fail to reach an agreement.  In essence it is about having an alternative to turn to should negotiations fail.

Importantly for the mediation process, BATNA is a way of measuring how good a deal reall...
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Posted by Stephen Wood. Posted In : BATNA 

 
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About Me


Stephen Wood is an ADR Group Accredited Civil & Commercial Mediator, an ADR Group Accredited Workplace Mediator, an ADR Group Accredited Online Mediator and a Consultant Litigation Solicitor. In 2017 Stephen was appointed to the Panel of Chairs of the Valuation Tribunal of England. In 2023 Stephen was appointed a Family Court Magistrate in Leicestershire. Stephen has undertaken over 100 paid mediations.

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