2017 has been a very successful year for CMC vigorously demonstrated by the success of the many events which took place around the country. The Workplace Sub-Group launched a series of national workplace conferences entitled Save Time, Save Money, Save Stress held in London and Solihull. The speakers recounted case studies demonstrating the value of mediation as the first-resort dispute resolution measure in the workplace.

Justice, Fairness and Responsibility was the theme of the annual conference in May, held in London. A number of highly engaging speakers covered topics ranging from Securing Your Online Presence, Family Business, Elder Mediation, Costs in Mediation and Mediating Costs and case studies on in-house mediation schemes. The new format focused on significant contributions from sector specialists and was a resounding success.

In October we ran the Academic Conference which was designed as a prelude to the consultation currently underway – CJC – ADR Working Group Interim Report1. Delegates have enthusiastically appreciated both the academic and practical aspects of all our events. In total over {to be added] members and non-members attended our events this year.

The roadshow continues in 2018. The first event will be in Newcastle-upon-Tyne on 8th March and Cardiff will follow later in the year with a similar range of high-class speakers from academia, law, Acas and employers and employees from business and industry. Members and non-members are welcome at all CMC events. It is a good opportunity to check out what being a member might mean for you.

Our membership has grown over the year alongside the increased public profile.

On 29 November 2017 the Professional Mediators Association (PMA) lead by David Liddle was incorporated into CMC. We warmly welcome all former PMA members to their new professional home at CMC. (See separate article). We also look forward to relaunching the National Mediation Awards next year in partnership with the College of Mediators.

The CMC remains the voice of mediation and we are heard at the highest levels. In the recent sexual harassment scandals in Parliament the debate around the most suitable procedure to deal with such complaints is a good example. in response to comments made in the parliamentary debates, and with input from our Workplace sub-group and board members, including Iain Christie, Sir Alan Ward wrote on behalf of the CMC to Andrea Leadsom, Leader of the House of Commons, to correct some alarming misconceptions among the MPs speaking. Sir Alan cautioned against letting uninformed public sentiment lead to the over-simplification of the real issues arising from harassment allegations. Both legally and practically they are far more complex and require more considered handling than the debate in the House suggested.

For example: MPs suggested that offering mediation instead of a formal procedure was “wholly inappropriate” because 1) it implied an equality of bargaining power which might be absent or 2) that a proposal to mediate suggested the victim, male or female, was not believed. On the contrary, mediation acknowledges that there is a problem.

The reality of this type of allegation is much more nuanced than the cry of some MPs that all harassers must lose their jobs. To say that all such conduct, deliberate or not, requires a formal disciplinary response and loss of job is s over-simplistic. Indeed, CMC takes the view that the option of mediation at an early stage would give alleged victims of harassment a chance to be heard with ‘equal power’. Furthermore, alleged victims have an equal say in the resolution. Our experience is that many recipients of unwelcome behaviour, in the workplace, may be content with an acknowledgement that an important line has been crossed and some reassurance that it won’t happen again. If the only response of the employer (or Parliament) is via a potentially public and career-threatening formal process, then this may deter the reporting of such cases. A public process could engender fear of an over-reaction by the employer, leading to sanctions which are neither sought by the alleged victim nor deserved by the alleged perpetrator. Alternatively, as with litigation, public disciplinary processes could lead to entrenchment of positions or incentivise counter-attack; a response which such proceedings inevitably invite. In contrast, mediation offers the chance to restore and protect the working relationships which is in the best interests of both the parties to the complaint. We continue to educate and inform at every available opportunity.

We end this year in good shape thanks to the efforts and skills of our volunteer committees and board. We owe a great debt of thanks to the people who write, design, organise and present the practical demonstration of our vision. There is much more to do and to that end our priorities for 2018 include the successful integration of former PMA members, new work on mediator and training standards, more conferences to educate and inform, a re-vamped website and above all, the demonstration to all our members, old and new, that CMC is supporting the widest possible use of mediation across the UK. Membership contributions are vital to our work and to the inclusive nature or our mission.

www.civilmediation.org

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