HUMAN LAW MEDIATION

Lawyers back reform of existing statutory scheme for workplace disputes

The Law Society Gazette has a piece this week on employment lawyers urging the government to enact the findings of the Gibbons review which called for the scrapping of the current regime on workplace disputes. 

The problems with Employment Tribunals

Daniel Barnett writes in his latest newsletters:

"What should tribunals do when an ET1 is presented without a grievance letter having been sent (or if the required 28 days has not elapsed)?

I understand, anecdotally, that a number of tribunals (including Croydon) are staying such claims, rather than rejecting them, to allow the Claimant to put in a grievance. This is purportedly on the grounds that rule 1(8) of the Employment Tribunal Procedure Rules allows them to do so.

However, whilst having "considerably sympathy" with the practical advantages of this approach, Elias P. has held that tribunals do not have jurisdiction to stay claims when a grievance letter has not been sent (or 28 days not elapsed). The ET1s must be rejected.

London Borough of Hounslow v Miller "

Richard Susskind to talk at Forum on Online Dispute Resolution

As Diane Levin points out the Fifth International Forum on Online Dispute Resolution will be held in Liverpool, England, Thursday 19th to Friday 20th April , 2007.

It looks like being a great event not least of which due to the fact that it is free but also there are a number of great speakers including  Sir Brian Neill, Kt, PC, QC, former Lord Justice of Appeal and past President of the Civil Mediation Council, and Professor Richard Susskind, IT Advisor to the Lord Chief Justice of England and Wales.

Richard Susskind has some most inspirational and radical views connected with law and I certainly intend to be there in Liverpool when he talks on the Friday morning.

3 mediation books worth considering to read

I am in the process of reading 3 books which I plan to do book reviews of which are:

#Book 1 -Eileen Caroll and Karl Mackie have written International Mediation - The Art of Business Diplomacy. Both are well known in the field of mediation and are heavily involved with CEDR which is one of the leading non profit organisations connected with dispute resolution.

The book describes itself as being a work which reveals the power of the extraordinary resolution tool of mediation. Drawing on more than a decade of successfully mediated international disputes, the authors explain how to use mediation in an international setting and how to get the best from the process. They provide examples of international disputes that have been resolved using mediation, often in as little as two days. This book answers questions about international mediation, including: How does it work? What are the limitations? What skills are required? How long will it take? What will it cost? How are the outcomes enforced? More than any theory, the case histories and practical guidance in this book should demonstrate why international business dispute mediation works

#Book 2 is Butterworths Mediators on Mediation. This includes a contribution from Carroll and Mackie and has a number of other leading mediators involved as well in formulating the book.  There are a whopping 22 chapters - Though there is a UK bias, it includes chapters relating to mediating in the USA and Continental Europe.

This looks like being the most comprehensive of the three books.

#Book 3 - How To Make Money as a Mediator - Jeffrey Krivis and Naomi Lucks. It describes itself as an invaluable and inspirational resource filled with practical, proven, and down-to-earth information on how you can develop a satisfying and lucrative career as a mediator, no matter what your area of interest—labour and employment mediation, intellectual property, environment, personal injury, family and divorce, contract, securities, or international peacekeeping.

Authors Jeffrey Krivis and Naomi Lucks recruited top mediators to give readers a behind-the-scenes look at how they achieved success in this highly competitive profession.

I have previously reviewed Krivis's work when I looked at his excellent book, Improvisional Negotiation which was one of my best books of 2006.

Conflict resolution in the UK workplace will be reformed but perhaps not as quickly as one would want

Consider this article here in connection with the budget which is on Workplace Law:

The Department for Trade and Industry (DTI) has launched a consultation on how to improve the way employment disputes are resolved, while preserving existing employees' rights.

The consultation follows a wide-ranging independent review by Michael Gibbons commissioned in December by Secretary of State Alistair Darling, and published today (21 March). The Government is committed to piloting any new approach to dispute resolution that follows the consultation.

Darling announced in December 2006 that Gibbons would be reviewing options for simplifying and improving all aspects of employment dispute resolution, to make the system work better for employers and employees. The aim of his work was to build on evidence, which the DTI has gathered about the effect of previous changes to the dispute resolution system.

His review looked at all aspects of the system, including the current legal requirements, how Employment Tribunals work, and the scope for new initiatives to help resolve disputes at an earlier stage.

The consultation issued today is focused on better regulation, and asks whether the current statutory dispute resolution regulations need to remain.

These regulations, The Employment Act 2002 (Dispute Resolution) Regulations 2004, came into force on 1 October 2004.

The Regulations were meant to promote better communication in the workplace, and encourage people to talk through disputes when and where they occur – using Employment Tribunals as a last option rather than the first port of call.

However, many employers and lawyers claim that they have failed in this aim, and that, because there are rules to govern who can attend the meetings; what can be said; and the time given to respond, the Regulations are not as straightforward as they first appeared.

Michael Gibbons comments:

"In conducting this Review I was struck by the overwhelming consensus that the intentions of the 2004 Dispute Resolution Regulations were sound and there was a genuine attempt to keep them simple. However they have had unintended consequences which have outweighed their benefits. I have therefore made recommendations today to bring about effective resolution of disputes as early as possible."

In a series of wide-ranging questions, the new consultation asks if there should be:

• a new, swift approach for dealing with straightforward claims without the need for Employment Tribunal hearings;
• a reformed tribunal system with simplified processes and timings;
• an invitation to the CBI, TUC and other representative organisations to produce guidelines aimed at encouraging and promoting early resolution in the workplace;
• incentives for employers to make reasonable attempts to resolve a dispute early; and
• a redesigned application process to tribunals application process, so potential claimants access the system through a new advice service, and receive advice on alternatives when doing so.

Views are sought from businesses, individuals, trade unions, representative bodies, and other interested parties. The consultation will close on 20 June 2007."

We will have to see the extent of ADR in the mix. I hope that there is a strong ADR emphasis.

P.S OUT-LAW.COM have a good piece on this as well.

The next British prime minister enters the Dispute Resolution arena

This is in the Sunday Times today.

"Gordon Brown is set to announce measures to cut the high cost to business of employment  tribunals by ensuring that disputes between employers and employees are settled at an earlier stage.

The move is expected to be among a series of announcements designed to show that the government is meeting its commitment to cutting red tape by 25%.

The Department of Trade and Industry (DTI) has estimated that the savings to business from improving dispute resolution and other employment-related measures could be worth more than £400m a year.

The chancellor will respond to recommendations by Michael Gibbons, a former Powergen executive, who was asked by the DTI to look at the high cost and time involved in tribunals. He is expected to call for a beefing-up of conciliation and other dispute-settlement procedures, so that many of the cases that now end up at a tribunal are settled earlier."

I will be interested to see precisely what forms of dispute resolution are involved.

Ethicability - Roger Steare writes defining book of our times in the search for moral compass

Before writing this review, let me be clear, Roger Steare is a former client of mine and I would now consider him to be a friend. Nevertheless as I explain this book touches a chord in me and is very significant piece of work as we move through the 21st Century. 

The book "Ethicablity - How to Decide What is Right & Have The Courage To Do It" is split into 3 key sections - What is ethics?, Ethicability and Living a good life, building a better world.

Its premise and rationale is outlined in the opening words.."This book has been written to fill a void. How do we decide what's right and find the courage to do it.....We live in a world where we're constantly told what's right and we're losing the ability  to work it out for ourselves. From parents to teachers, from preachers to the boss, we're told,"do this,""don't do that,""here's your bonus" or "you're fired."....."We can find thousands of books on how to be happy or how to be a success. We might even find ourselves looking in the philosophy section in a bookshop, but after flipping through books using the words like, "chrematistics," "epistemology"and "propositional calculus," we put them back on the shelf, having lost the will to live."

The strains and stresses of living in a modern world.

Why do I have such a particular interest in this book?

If I can add my own take to Roger Steare's analysis, there is another reason why we have a need for this book...We live in a world where we also have so much choice about how we conduct own affairs ranging from the simple to the profound we need to have some kind of framework to guide us in how we live our lives. 

The book has been written to fill a void.

According to Roger, Ethicability is about being good, doing right,and leaving the world a better place.

Should that not be a goal of us all or should we just focus exclusively on our economic needs?

A key feature of the book is its easy writing style which is written in an engaging way. Real life case studies which can be practically applied  keep the book engaging.

A section which I paid particular attention was the one relating to Conflict resolution which includes Conflicts of desire and Conflicts of interest which can be considered at an organisational level. These include shareholders, customers, directors, employees, suppliers and competitors. 

How do you resolve dealing with these competing interests?

The book is not arrogant to assume that it can give you the answers to these and other questions but it does give you a framework for helping you on your personal journey and that of your organisation.             

The key theme about the book is asking a set of questions which can be remembered under the mnemonic "r.i.g.h.t."

According to Roger we need to ask:

Rules - What are the rules?(Rules Compliance)

Integrity - How do our principles guide us?(Principled Conscience)

Good - How would benefit and how? (Social Conscience)

Harm- Who could be harmed and how(Social Conscience)

Truth - Are we being honest and accountable?

Where Roger comes into his own is in testing his decision with a series of additional potent questions including :

• How would we feel in their shoes?
• What would be fair and reasonable?
• What would be the adult thing to do?
• What would build trust and respect?
• What can we learn from this dilemma?

These and other questions can help guide us to that solution and give us the confidence to turn the decsion into action.

I found the latter question particularly helpful regarding a problem that I had because by learrning we can see themes which may have cropped out elsewhere in life.

Roger who provides workshops, advisory services and speaking engagements has an impressive list of supporters including John Harker, Human Resource Director at Citigroup who writes "Developing the wisdom to know "what is right" is a lot more difficult than most people think. Finding the courage to act is even harder. Ethicabilty is a thoughtful and insightful guide with examples of many real world ethical dilemmas to help individuals ask the right questions and build the confidence to make decisions based on integrity and principles. Roger Steare's book will be a gem to companies and individuals wishing to develop a moral compass."   

The book can purchased via Amazon or via Roger Steare.

Blawg Review#100 is out!

Blawg Review is the blog carnival for everyone interested in law. A blog carnival is a travelling post about a topic or theme. For example, there's Carnival of the Capitalists, concerning business and economics, while Grand Rounds is about medicine and health care, and Blawg Review has topics discussed by lawyers, law students and law professors.

Congratulations are in order for the anonymous Editor for not only reaching the landmark of 1oo editions but for producing such a detailed and interesting 100th edition. Judging by the number of people queueing up to do future blawg reviews,(it seems almost full for the rest of the year) Blawg Review is going from strength to strength.   

The new wave of law firms emerges - Would you like some inexpensive help with your divorce?

Whether lawyers like it or not the legal market is going to become more competitive not less competitive as the years emerge.

A friend and former law client of mine has  set up a business which is indicative of this shift. The friend is Patricia Young and the business is called uDivorce.

uDivorce offers a wide range of affordable divorce services for those whose marriage or relationship has broken down. 

As the website makes clear it specialises in negotiating and settling the financial difficulties of the divorce or separation proceedings but also offers a full compliment of related Services which you may 'add on' as you wish. 

It offers a variety of packages to those whose marriage has irretrievably broken down but cannot afford the hourly rate of the High Street law firm ranging from £100-£350 but can still be able to get assistance and expert legal help where it is most needed.   You are in control of just how much you spend on your divorce.

For more detailed information and what packages are on offer, please click on the appropriate tab for the service you require. 

The law stated is that of England and Wales.

Professional Indemnity Insurance with Zurich Professional for £2 million.

Secure and confidential email and payment facilities.

You will receive:

expert help and advice throughout your matter

personal service from an experienced family law solicitor

A fast and efficient service by telephone (during my opening hours for calls) or email

Sound legal advice given in clear plain English.

Opening Hours for telephone service:

10am to 4pm Mon - Thurs.
10am to noon on Fridays

It is a self-help website where you, the client, will conduct your proceedings as a 'Litigant in Person', doing much of the work yourself. Patricia's expert help and advice will prepare you to conduct your divorce proceedings, children issues and all related financial matters with good preparation and knowledge.

This is the 1st wave of new law and having known Patricia for a number of years and seen her tenacity and business flair, her services are highly recommended.

Charon QC is podcasting - How good are they?

Charon QC has now completed a series of podcasts which have included interviews with Dan Hull, Tim Kevan and myself.

How do I assess the quality of the podcasts?

What I can say is that from my own experience of being interviewed, Charon was a very kind host who made a lot of effort to put me at ease and he showed a professional approach...he was really committed to get everything right about the interview.

With respect to the interview with Tim Kevan, Chraon asked good questions about blogging and Tim explained the liberating nature of blogging. Tim also gave revealing information about the balance of his blog between the law and other issues.

Tim is quite innovative(and for me an inspiration with his business flair) and he has co-founded a company creating webinars. He is quite right about the significance of blogging and how radical this is as a medium. I agree that blogging can really help a lawyer raise his or her profile.

The interview with Dan Hull is slower in tone which may reflect Dan's nature and again Charon explores the rationale behind blogging and also Dan's emphasis on client service. Consideration is given to workplace/balance which Dan gives robust views on which has attracted lively comment on Charon's blog.

Where Charon's strength lies in his interest in people. He is genuinely interested in his guests and finding out what makes them tick. Combine that with great editing skill and commitment (He took an assistant to Mayfair, London to ensure the quality of the content for the Dan Hull interview), you have a model for success.   

Recommendations? As I know Charon himself recognises, the interviews with lawyers have focused on blogging and this will change. It would be desirable to see this evolve and to have broader discussions with guests on other legal issues.  Certainly I can see Charon's podcasts becoming the key audio content within the UK legal profession. No mean feat.