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Bridging the Gap Between Workplace

Mediation Research and Practice: The Irish

Experience

NW Dispute Resolution Conference 2016

Deirdre Curran, Treasa Kenny, Alec Coakley

Kennedy Institute, Maynooth University, Maynooth, Co. Kildare

+353 1 708 6629 [email protected] http://kennedyinstitute.nuim.ie/!

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Institiúid Edward M Kennedy d’Idirghábháil

Coinbhleachta Ollscoil Mhá Nuad

Maynooth University Edward M Kennedy

Institute for Conflict Intervention

Presentation Overview

The framework of our approach

The context of workplace mediation in Ireland

The case for bridging the research-practice gap

The KIWMRG as a „Community of Practice‟

Why we formed

Who we are

Co-operative Enquiry as our method of choice

Unique features of our approach

The MII Project as an example of how we operate

What does this mean for you?




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Framing our Approach


Establishing a workplace mediation

„Community of Practice‟

Using „Co-operative

Enquiry‟ as our research method

A real project as a case in point

Conflict Management Practices & Innovations in Organizations

Conventional Practices ADR Practices

Individual Grievances

Collective Disputes

• Multi-step grievance & disciplinary procedures

• Resort to employment tribunals & litigation in courts

• Multi-step disputes procedures, usually with provision for external conciliation or adjudication following an impasse

• Open-door policies • ‘Speak-up’ & related systems • Organizational ombudsman • External and internal mediators • Review panels of managers or peers • Union/non-union employment arbitration • ADR-led conflict management systems • Proactive conflict prevention • Intensive communications surrounding

change management • Proactive line and supervisory

engagement in conflict handling • Conflict management systems • Socializing conflict out of the organization

• ‘Assisted bargaining/mediation within procedure to avoid impasse • ‘Brainstorming’ & related techniques • ‘Interest-based bargaining’ with facilitation • Fact-finding • Arbitration, ‘mini-trials’ & ‘med-arb’ • Intensive communications surrounding

change management • ADR-led conflict management systems • Proactive conflict prevention • Proactive line and supervisory engagement in

conflict handling • Conflict management systems • Socializing conflict out of the organization

Workplace Conflict in Ireland


What emerges from research into alternative

dispute resolution practice in Ireland is:

... a picture of mediation as a mechanism of which the

operation and efficacy depend upon the context in which

it is located. Senior managers may use it as a central part

of HR strategy, they may see it as a somewhat peripheral

element of an overall strategy that relies primarily upon

strong management-union linkages, or they may envisage

it as an unformed, yet to be clarified, set of possibilities

and potentials (Teague et al, 2015:112)

The Use of Mediation in Ireland


Workplace Mediation

Internal Mediation Services

External Mediators

State Institutions

The Case for Research

Solid, empirical, issue-driven research:

Provides evidence for what we think we know

It broadens perspective beyond our own

It enhances the credibility of a profession and helps

obtain/justify resources

It provides new ideas to try out

in new contexts

It can address „burning‟ questions

that have accumulated

It can inform policy & practice




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The Case for Research-Informed Practice

Practicing mediators have a responsibility

to at least draw from, if not support or engage

in, mediation research.

I realized that without understanding the

underlying theoretical principles of practice, we are

merely skilled mechanics trying out one tool after

another without understanding what tool would be

appropriate to the task. (Lang, 2000)


The Traditional Approach to Research




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Focus is on theoretical development

Often no direct link to practice

Empirical dimension involves academics studying practice

from the outside

Practitioners become the „subject‟

Key outcome - publication in high ranked journals which

few „real‟ people read

Community of Practice


Dynamic social structure

Common issues/concerns

Focus on individual & group goals

Defined life cycle

Spirit of learning & collaboration

Trust, mutual respect, reciprocity & commitment

Create, capture & diffuse knowledge

Tangible results applicable to practice

The KIWMRG as a Community of Practice


KIWMRG

Advisory Group

Steering Committee



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The Co-operative Inquiry Method


Collaboration of academics and practitioners

Active research

Creative ways of identifying and addressing the issues

Focus on making practice better

Follows a specific sequential iterative process

Can be internally or externally initiated

The Co-operative Inquiry Method


Key Elements of our Approach


Research „with‟ rather than research „on‟

Merging of the researcher and the subject

Focused enquiry with the aim of shaping the

future

Live research questions identified by peers

Research by practitioners for practitioners

Egalitarian structure

A „learning community‟ focused on continuous

learning and personal development

Theory informing practice and practice informing

theory



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Identifying the issues: The KI Workplace

Mediation Research Seminar 2015

Overarching Ambition

Strategic Goals

Key Areas of

Research




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Seminar Outputs


Overall ambition:

To establish Ireland as an international hub for workplace

mediation research

Strategic goals:

1. Co-ordination of workplace mediation in Ireland

2. Gathering and publishing what has been done to

date

3. Maximizing involvement in this area.



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Identified Key Research Areas


Effective mediation

practice

Barriers to mediation use

Ethics

Mediation regulation

Internal or external

mediation

Engaging participation in

mediation

Experience of mediation

Outcomes from mediation

Cost benefit analysis

The future of workplace

mediation

Trade unions and

organisations

Regulation and third

party frameworks

Professional membership

Conflict competence

Mediation practice



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Activity # 1:

Identify three research areas/questions

that you believe should be

prioritised in your context?

(Creative, brainstorming!)



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Activity # 2:

How could a Community of Practice

be established in your context to

address these questions?

(Creative, brainstorming!)



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Effective Mediation Practice: The MII Project


The Role of the MII

What motivated the Project

Why us?

What was the brief?

How did we approach the task?

Progress to date

Approaching the MII Project through Co-

operative Enquiry


Invitation for participation to those in KIWMRG

Skill building – library, literature review, writing for publication

Shared Dropbox organised in initial agreed folder structure

Sourcing empirical research academic descriptive literature and “grey” literature

Reflection on approach and reorganisation based on learning

Egalitarian structure and consensus decision-making

Shared template for review of assigned documents

Initial thematic analysis based on reviews

In Conclusion


What has all this got to do with you?



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For queries and/or further information please contact:

Dr. Deirdre Curran, NUI Galway

[email protected]

Treasa Kenny, Burtenshaw Kenny Associates

[email protected]

Alec Coakley, Conflict Mediation

[email protected]

Or visit us: www.kiwmrg.ie



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