Latest News
Project Reports now available
The results of the Project 'audit' of HEI's experience with mediation and other forms of alternative dispute resolution may be read here:
Strand A - Disputes in your institution: lessons to be learned (PDF Document)
Strand B - Alternative Handling of Disputes (PDF Document)
Strand C - Working with HEIs to develop mediation training (PDF Document)
DISCUSSION PAPER Dispute Resolution and 'STUDENTS AND UNIVERSITIES' (PDF Document)
Conflict Resolution and Systemic Change
By Susan Sturm and Howard Gadlin
THE Article
An article published by the THE on the Strand A Report prompted a good many comments.
http://www.timeshighereducation.co.uk/story.asp?storycode=407746.
Not-So-Honest Broker - Inside Higher Ed Article
The link to an article from the United States is given here because it once again highlights the crucial need for independence in the ombud function - independence needs not only to be there but to be believed to be there by all parties. This supports the findings from the Australian research on the campus ombud carried out by Sally Varnham and team (see "A short essay on the campus ombud" by Tim Birtwistle on this website).
http://www.insidehighered.com/news/2009/07/07/ombuds
Case studies developed by the University of Dundee and the Early Dispute Resolution (EDR) Practitioners' Group
With thanks to Fiona B. O'Donnell, University Solicitor/Legal Counsellor, Academic Affairs, University of Dundee
Case Study 1 04/12/08 (.DOC file)
Case Study 2 04/12/08 (.DOC file)
Case Study 3 04/12/08 (.DOC file)
With thanks to Jeremy Scuse, Managing Director, Catalyst Mediation, Glasgow
Case Study 4 04/12/08 (.DOC file)
Case Study 6 13/04/09 (.DOC file)
The Campus Ombudsman: An Essay
What is a campus ombudsman and should more use be made of this in England and Wales? This short essay explores some of the issues as a prelude to a more in-depth study to follow later this year.
The Campus Ombudsman essay (.DOC Document)
Article from: The Australian
THE campus ombudsman, relied on by many universities facing a culture of complaint, is not trusted by students.
http://www.theaustralian.news.com.au/story/0,,24776683-12332,00.html?from=public_rss
NUS research into Institutional Complaints and Appeals Procedures
NUS launched its research into Institutional Complaints and Appeals Procedures in England and Wales in February 2009. The report highlights a number of areas of concern - the two key ones being the length of time taken to resolve a complaint or appeal in some universities and concern about the perception amongst students that complaining would have a detrimental impact on their relationship with academic staff. The report makes a series of recommendations about improving procedures.
Coverage of the report in the Guardian:
http://www.guardian.co.uk/education/2009/feb/17/national-union-of-students
International Dimensions - An Update
1) The European Network of Ombudsmen in Higher Education (ENOHE).
The ENOHE Newsletter reports a numbers of events and changes, these include:
- The Mexican Network of University Ombudsmen (REDDU) met in July 2008 along with delegates from Peru and Spain to discuss the "Internal Administration of Justice in Universities". Themes developed in the Workshops were: "The University Ombudsman and Legal Offices or Attorney Generals", "University Tribunals and University Ombudsmen" and "Work Modalities of REDDU Associates".
For more information on the Mexican network: www.reddu.com.mx/reddu_lenguajes/In/Index1.html, and on the Spanish network: www.defensores.es/sede/. - 2009 is the 200th anniversary of the ombudsman in Europe. In 1809 in Sweden an official ombudsman was installed by the Riksdag (Parliament) to check on government activity in the interests of the citizen.
- In April 2009 the 4th IOA annual conference, "Evolution of the Ombudsman:
A Rich History, A Promising Future", will be held together with the Canadian network of higher education ombudsmen ACCUO and the Forum of Canadian Ombudsmen FCO in Montreal, Canada. - In March 2009 ENOHE will hold its (seventh) annual conference in Hamburg, Germany, "Lost in Transition? Defining the Role of Ombudsmen in the Developing Bologna World". At this Tim Birtwistle will present the work of the IDR Project to the delegates in a Session and will then Chair a Workshop.
- The text of the results of the Spanish network's meeting in October 2007, "The University Ombudsman in a European Context", is printed in English in the ENOHE newsletter.
- The Croatian Higher Education Law 2007 made a student ombudsman mandatory at Croatian universities.
2) European Students’ Union
The ESU has called for UNESCO to establish a worldwide ombudsperson to ensure that students’ rights are upheld. This is a part of the preparatory work being undertaken for the UNESCO World Conference on Higher Education in July 2009.
3) Campus Ombuds
When trawling the web for IDR project related matters one comes across various manifestations of dispute resolution in higher education. One such trawl resulted in the University of Michigan’s homepage for its "ombud service": see www.umich.edu/~ombuds/ . Further links show the variation in practice and terminology and hence the need for the IDR Project to continue seeking to arrive at a glossary of terms or a common vocabulary (see results from the Mills and Reeve organized workshop).
David Bleiman, a member of the Steering Group, has written a discussion paper for trade union members entitled "Should I try mediation?"
He looks at the range of issues which any employee could be encouraged to consider in order to be able to participate in mediation on the basis of informed consent and with appropriate safeguards. He goes on to discuss the issues which union reps could raise where mediation is being introduced. Unions are still generally at an early stage in considering mediation in issues affecting individual employees, so David is publishing his guide as a discussion document and would welcome comments to the dedicated email address provided in the guide.
http://www.scottishmediation.org.uk/resources/article.asp?id=83
Court of Appeal Decision on suspension of employees
http://www.guardian.co.uk/education/2008/oct/27/administration-durhamuniversity
Eversheds LLP Seminar
The Eversheds seminar entitled
"Using mediation to resolve disputes
in higher education institutions
A practical guide to reducing your time and costs"
will be held on
Thursday 12 February 2009 (13.30 to 18.00).
Venue:
Eversheds LLP
One Wood Street
London
EC2V 7WS
Please see flyer for more information. (PDF Document, 1mb)
The Improving Dispute Resolution project has launched its 'Toolkit'.
We welcome comment and suggestions for improving this aid for HEIs keen to streamline their own practice and learn from the experience of other HEIs.
We are planning two workshops and a conference during the next few months in which experience and good practice can be shared.
Download the IDR Toolkit (PDF Document, 1mb)
The Chartered Institute of Personnel and Development has documents and data regarding mediation.
Times Higher Education carried an article on our forthcoming interim project report on 28 August
Disputes - 'there is a better way' - www.timeshighereducation.co.uk...
Research reports from ACAS
Two research reports from ACAS are of interest. They are concerned mainly with dispute resolution in small firms not large and complex organisations, but they contain useful points for consideration in HEIs when it comes to dealing with disputes in faculties and departments.
ACAS Research papers 2008
http://www.acas.org.uk/index.aspx?articleid=2056
Knowledge and use of mediation in SMEs [145kb](Ref: 02/08)
Author: Tim Johnston (Acas Research and Evaluation Section)
Following on from the recommendations from Gibbons for an increased use of mediation, Acas commissioned research to look at the level of knowledge and use of
mediation within Small and Medium Enterprises. This report presents the results of telephone interviews with the decision maker of 500 SMEs.
Small firms and workplace disputes resolution [469kb](Ref:
01/08)
Prepared by: Lynette Harris, Alan Tuckman and Jereme Snook
(Nottingham Trent University) and Stephanie Tailby, Sue Hutchinson and
Janet Winters (University of the West of England)
Research concerning the experiences and views of managers in SMEs regarding methods for dispute resolution. The study was carried out by a collaborative team from Nottingham Trent University and University of West of England. The report
is especially relevant as Acas turns it attention to the recommendations stemming from the 2007 Gibbons Review of Dispute Resolution.'
The Government response to the consultation 'Resolving disputes in the workplace' was published on 19 May.
http://www.berr.gov.uk/files/file46233.pdf
76% of consultees favoured repeal of 2004 regulations which were seen as causing unwieldy and elaborate procedures to be used and encouraging the use of lawyers from the outset. Some unions opposed repeal because they liked to see a standard required procedure in all workplaces. Some respondents wanted partial repeal. A majority of respondents favoured the creation of new guidelines reflecting the principles of fairness and natural justice with incentives (such as costs and awards sanctions) to encourage both parties to follow them. A majority of respondents favoured encouraging early resolution. The Government favours introducing an advice service to help employees understand how to use the Employment Tribunals and decide whether it is the right thing to do. Respondents wanted to see greater use of pre-claim 'conciliation' services but there were concerns that ACAS could be overloaded and private mediation providers disadvantaged.
A dispute about commercial exploitation of academic research
http://www.admin.cam.ac.uk/reporter/current/weekly/6108/10.html
http://www.admin.cam.ac.uk/offices/secretariat/ipr/ipr_appeal.pdf
Cambridge Ordinances on Intellectual Property rights are online at http://www.admin.cam.ac.uk/univ/so/so_ch13.pdf
Introducing mediation in a unionised environment
A talk by David Bleiman at the seminar on "Mediation in higher education: UK and USA perspectives" hosted by HR department, University of Edinburgh on 11 March 2008.
More Information... (.DOC Document)
CNCR visit to Scotland report for IDR 15 March 2008
Georgia campus mediation experts visit Scotland.
More Information... (.DOC Document)
Brown v Rice
A case concerning the confidentiality of communications made within a mediation.
More Information... (.PDF Document)
Strand B (vi) The International Student Dimension
Some outcomes for the project of issues raised in the course of the Second European Quality Assurance Forum held in Rome from 15-17 November 2007 and the Asia-Pacific Quality Network annual conference in Tokyo from 20-22 February 2008.
More information...
New material on in-house mediation services, Sunderland.
Project Purposes, Stand (c)
Booking is now open for the European Mediation Conference 2008
Building Relationships and Getting Results, 10-12 April 2008 in Belfast, Northern Ireland.
www.mediationconference.eu/newbook.htm
Two mediation workshops with our project partners Martineau Johnson
Read John Crawley's reflections on the sessions.
Click here to download. (.DOC Document)
Proposed special interest group for those working on student matters
http://www.survey.bristol.ac.uk/bournemouth/complaints
Conflict resolution in the University system of Georgia: a resource from which we can learn
David Bleiman and Jill Scott, both members of the Improving Dispute Resolution Steering Group, were guests of our partner organisation, CNCR, at their Summer Institute in Georgia, USA, in August 2007. The Consortium on Negotiation and Conflict Resolution - to give it its full (and difficult to remember) name - was established by the University System of Georgia when, in 1995, it adopted an ambitious initiative to develop a higher education system wide approach to managing and resolving conflict.
Georgia's system-wide conflict resolution program is aimed to decrease reliance on adversarial processes, resolve disputes efficiently and fairly at the lowest level and, in so doing, to foster a healthier community and lead the nation in ADR (alternative dispute resolution) for higher education.
In fact, CNCR has developed a significant outreach programme, by no means confined to USA. Currently CNCR are supporting the University of Warsaw as well as working with our own Improving Dispute Resolution project. We are delighted to have CNCR involvement in and sponsorship of our planned project conferences (to be announced).
David and Jill have reported on the lessons they feel can be learnt from the Georgia experience, which include:
- The need to focus on good system design and the involvement of stakeholders at this stage
- A broad approach involving a variety of measures customised by and for each higher education institution
- Central support from CNCR by way of advice, system support, training and an emphasis on looking after the sustainability of the initiative.
All those interested in improving dispute resolution in higher education, whether in your own institution or more widely, will find the resources which CNCR has generously made openly available on their website, of great value. We are drawing on this to inform the project and encourage others also to do so.
CNCR Website: http://law.gsu.edu/cncr/
EAT rules "UNMC ..not integral to Nottingham University but.. conducted by a separate entity"
The Times Higher Education Supplement, September 7, 2007, reports that the Employment Appeal Tribunal has found that the Malaysia campus is not an integral part of Nottingham University and therefore a UK Employment Tribunal has no jurisdiction to hear an unfair dismissal case by a lecturer on that campus. The EAT held that the overseas campus was a franchise operation conducted by a separate entity. In this case Nottingham holds a minority share in the campus, which is a joint venture with two Malaysian firms. Nottingham's publicity material's 'one school' claim is challenged by this judgment and this may have implications for students.
We have created email groups for each section of the project, including those from each HEI who have expressed particular interest in that area. Members of groups are encouraged to send round points for discussion and to participate actively in project work relating to that section. If you would like to join any group, please contact the Project Administrator.
Examples of disability discrimination mediations are available on the Disability Conciliation Service. website (www.dcs-gb.com). The service manager is Susanna Diegel (susanna.diegel@mediation-works.co.uk).
On disability discrimination mediation, see the link to 'Doing the Rights Thing' (Margaret Doyle, margaret@domar.co.uk, and Val Reid, val.reid@asauk.org.uk) from www.adrnow.org.uk and www.asauk.org.uk.
Preliminary resource material is now available for Strand B International disputes (vi)
Comments on the work of the project are actively welcomed at any time.