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Mediation
Consultants/Facilitators
Employment advice and conciliation
GVOC's role
Other options
Professional mediation services
Sources of help
GVOC’s role as an Independent Intermediary
This policy is intended to provide clarification
for GVOC staff and member organisations on the assistance that GVOC
can provide when communication breaks down or when disagreements
arise in voluntary organisations.
GVOC is not in a position to provide a mediation or
arbitration service for voluntary groups in Gateshead. This is because:
Our staff are not trained or qualified to carry out this task.
There are insurance and legal implications
While there are occasions when an independent body
is needed to mediate or arbitrate, our role is to encourage organisations
to deal with difficulties themselves, as they arise.
GVOC staff can:
Listen impartially and explore the situation within the boundaries
of GVOC’s confidentiality policy.
Offer relevant advice on good practice in areas such as employment,
staff and volunteer management, resolving conflict and Charity Law,
Or suggest sources or specialist advice on Employment Law, Charity
Law.
Provide training on good practice in Voluntary Organisations, with
the aim of preventing disputes from arising in the first place
Provide information to groups about mediation and arbitration services
available
Where resources permit, offer training in good practice in Employment
and conflict resolution.
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Sources of help with disputes in voluntary
organisations
Information compiled by GVOC’s
Mediation sub group, October 2002
Professional Mediation Services
CEDR / NCVO
A Professional mediation service for the Voluntary
Sector is provided by CEDR
(Centre for Effective Dispute Resolution) in partnership with NCVO
(the National Council for Voluntary Organisations).
A leaflet giving an explanation of the service, and costs is available
from CEDR: 020 7536 6000 or email.
A free video is also available from CEDR or NCVO, and one is held
in GVOC resource room.
Costs: These are on a sliding scale, depending on the size of the
organisation. For an organisation with an income of less than £250,000
per annum, the charge for a typical mediation lasting five hours,
would be £150 plus VAT. (There may also be some travel costs
to be met).
Re: Solution
Tel (0191) 256 6242 or
email. A private consultancy offering mediation and conflict
prevention between individuals and groups, based in Tyneside.
Costs: £25 per hour, but open to discussion. Also training
in conflict resolution in the workplace.
Anderson Binks Mediators
Based in Morpeth, both mediators are trained
as Family Mediators, but have recognised the need for mediation
to help organisations.
Costs: A free initial meeting is offered, but charges then are about
£90 per person, per session of one and a half hours.
Paradigm
Staff mediation services for the workplace, Neil
Campbell. Leaflet says “offers a modern, creative and constructive
resolution to workplace disputes, conflicts, bullying and harassment”.
Tel (0191) 2845676 or email.
Gateshead Mediation Service
This is a neighbourhood mediation service, available
where one party to a disagreement is a tenant of Gateshead Council.
Free.
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Other consultants / facilitators
NACVS has a directory of consultants, many
of whom have some expertise in mediation. This is available from
their web site: www.nacvs.org.uk and a hard copy is available in
the GVOC’s resource room. May be a suitable option if conflict
is arising as a result of organisational change. Some funders who
are interested in Capacity Building for Voluntary Organisations
may be willing to fund this.
Lynn Howard (Consultancy and Training Services, known
to GVOC from her training service) lists mediation amongst the services
she offers – for further details: tel 01670 818392 or email.
Employment advice and conciliation
ACAS
can offer impartial telephone advice to either party in an employment
dispute and will also signpost to other relevant sources of advice.
They are also able to give an opinion on written statements of terms
and conditions, disciplinary and grievance policies and other policies
relevant to employment matters.
ACAS offers a conciliation service, once an application has been
made to an employment tribunal. This can be on the telephone and
in person and is aimed at assisting the parties to reach an agreement
as an alternative to the tribunal.
ACAS will also work with employers who are introducing a change
in terms and conditions and pay structures, to ensure the process
is managed fairly and agreement can be reached.
Costs: The above services are free. ACAS also run training for small
employers on Employment Practice but do charge for this.
Unison and other unions
Unison members can get help with mediation and representation from
Union personnel, trained in these areas.
Gateshead Citizens Advice Bureau
Tel: 0191 477 1392
Provide advice on employment law to both employers and employees
and can provide assistance with informal negotiations.
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Other options to consider:
Reducing the Risks of Disputes
Reviewing policies and procedure e.g. disciplinary, grievance, appeals
and general complaints. Model policies are available but it is also
important that those responsible for implementing the policies feel
fully confident that they can apply them, as sometimes they are
only referred to once a problem arises. Much can be achieved by
ensuring that people know and understand what the policies say and
thus have the confidence and courage to make the sometimes difficult
decisions that sometimes have to be made.
Insurance
It is possible to take out insurance that would help to cover the
organisation’s legal costs in the case of an employment tribunal
or other litigation. Some policies extend to cover compensation
awards when an organisation loses a case.
Budgeting for Mediation services or consultancy
Management Committees could include an amount in their budget for
professional fees so that they could meet the costs of Mediation
Services or consultancy if needed.
Publications
Dealing with Disputes in Voluntary Organisations: An Introduction;
Linda Laurance and Anne Radford, NCVO
£5.00. A copy is held in the resources room.
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