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The IPMO had the great pleasure of interviewing renowned mediation trainer & author Tony Whatling for International Mediation Awareness Week. A link to the interview on YouTube is available here. 

IPMO members have also reviewed 2 of Tony's books for practicing mediators. 

• Mediation and Dispute Resolution, Contemporary Issues and Developments, AND
• Mediation Skills & Strategies - A Practical Guide. 

Mediation and Dispute Resolution, Contemporary Issues and Developments, Tony Whatling (2021), Jessica Kingsley Publishers London, ISBN 978 178775115 6

This is not the first book on mediation written and published by Tony Whatling. Following a career in social work, Whatling engaged in an extremely successful career in mediation and mediation training, an area in which he continues to excel. In 2012 he published "Mediation Skills & Strategies – A practical guide". Writing as a lawyer, I can acknowledge that as a nonlawyer, Whatling is able to give an excellent and objective overview of mediation and the role of various professionals entering into the world of mediation practice, (lawyers in particular) and more particularly the adjustment challenges faced by them. 

Whatling references John Haynes, a renowned US ADR practitioner who, in Whatling's words "cautioned that, when the going gets tough for us as novice mediators, what we tend to do is slip into the more familiar activities of our previous professional role". Lawyers for example, Whatling says "may start giving some legal information, or, worse still, some legal advice".  Whatling repeatedly warns against mediators defaulting to their primary profession and training in the course of providing mediation services and as a lawyer who learned the hard way, that when entering into the world of mediation that lawyers need to learn how to lobotomise their lawyer brain, and only utilise their mediator brain, I wholeheartedly agree.

The theoretical issues explored by Whatling in his 2012 publication are expanded on in this work in a very practical way. While his first book focused on the more theoretical issues such as the development of mediation theory, skills and strategies, this latest work focuses on more practical issues such as the process of becoming a mediator, mediator supervision, bias, self-awareness (gender and cultural awareness and sensitivity), how people think (as I tend to express it "What makes people tick and what makes people thick?"). Whatling identifies biases that any good mediator should be conscious of and the need for intellectual humility. In an era in Ireland when we are becoming more multicultural, this book is valuable for what has to say on the subject alone.

He goes on to examine and explain the role of emotion, the potential for the use of apologies in reconciliation, explores process options for practitioners, mediation of high conflict disputes, and the extent to which mediators incorporate mediation into resolving conflicts in their personal lives. Whatling emphasises the skill of "active listening" explaining exactly what this means and why it is so important in order to identify the deeper feelings which motivate people, which are not always easily discernible, and which underlies conflict. The importance of being able to understand and analyse body language, constituting 83% of all communication, is also explored.

Many of the topics explored are illustrated by very practical case examples, drawn from his experiences. For example, in relation to lessons learned in training Whatling states that he "tended to be more impressed with those who also provided evidence of what they regarded as their failures, especially when commenting on what they had learned from such unsatisfactory outcomes. As a trainer, assessor and PPC, a question I would frequently ask the trainee was what were the most important things they learned from the worst cases they had." Unless lawyers are willing to learn from such mistakes, they run the risk of becoming "poorly trained, or untrained mediators".

Whatling simply but brilliantly addresses such problems and the issues which concern mediators in practice. Each chapter then proceeds to deliver a short masterclass. At less than the cost of a meal for two, it presents a cornucopia, with food for thought for months on end.

The book looks deceptively short at only slightly over 200 pages, but each chapter is a treasure trove in itself. Even reading the book for this review took me quite some time, as every chapter is extremely thought-provoking, prompting self-analysis and reflective assessment/analysis of one's practice as a mediator. Right up to date, it even includes a chapter on "The Coronavirus Pandemic and its Potential Effects of the Behaviour of People in Dispute."

My initial reaction while reading this book was that this is a book for mediators who are on the road for some time, which they could use as a toolset to reassess, rebuild, consolidate and improve their mediation practice, but on reflection, it became clear to me that potential converts to the one true church of mediation could do well to study this book, with care and that there is much to be learned from it.

Definitely a good Christmas present/stocking filler for the mediator (or potential mediator) in your life.

 

Bill Holohan SC

Solicitor & Senior Counsel.

Member Law Society of Ireland ADR Committee

Member Civil & Commercial Committee of the Irish Professional Mediators' Organisation.

 

Review of Mediation Skills & Strategies - A Practical Guide, Tony Whatling (2012), Jessica Kingsley Publishers London, ISBN 978- 1849052993

I have been a practicing mediator for about 14 years with hundreds of settlements concluded and many students trained / supervised. My colleagues & I have recommended this book to trainee commercial and family mediators since we first became aware of it in 2013. Indeed, this book and Christopher Moore's The Mediation Process are the books I feel are essential for any practicing mediator to have read. Books about the practice of mediation or legal aspects of mediation in different jurisdictions are also useful, but these 2 books help you understand the theoretical context for mediation and its implementation in a way that few others achieve.

Many mediation books are consumed with theoretical frameworks for understanding conflict, some rehashes of the ideas of Spillman, C Wright Mills, Friedrich Glasl, Christopher Moore and others. The author may have their own twists or insights which can prove helpful for the budding mediator. I have found over the years that trainee mediators find such content intriguing but often lack the language to put these skills into action. They know roughly the types of questions they should be asking, or that they should be reframing an assertion by a disputant, but they are uncertain as to how to do any of that. It is also more challenging to deliver such interjections in the heat of an emotionally-charged mediation. Some prior practice and contemplation is necessary. 

That's where Tony Whatling's great book comes in. It is highly readable, to the point, and provides examples of interventions mediators can make in realistic conflict scenarios. The book is distinguished by clarity of thought & language, which helps trainee mediators think about resolution strategies, formulate questions and responses.

As part of reflective practice, I would often recommend fledgling mediators analyse their own interactions with clients versus Whatling's suggestions to understand what they might have done better. It's a technique that has worked for many trainees in the past and a testament to the value of this modestly sized but value-filled book. 

Whatling's book also gives experienced mediators fresh ideas when they may feel drained or stymied by their efforts to resolve a conflict. The book impresses by its grounding in extensive real-world practice experience, and a commitment to advancing mediation training.  Whatling introduces the oft-overlooked topics of cultural and gender sensitive mediation, and also managing high conflict disputes, their emotional context, and dealing with negative strategies such as dirty tricks & stroke play. So much covered in one accessible book.

This is a book I re-read and refer to regularly, and it has helped my colleagues and I greatly over the years. Thank you Tony!

 

Shane Dempsey

Partner, ARC Mediation

Treasurer of the Irish Professional Mediators’ Organisation CLG

Dr Róisín O’Shea, Chair of the Irish Professional Mediators’ Organisation was delighted to attend at the Annual Dinner of the Ireland branch of CIArb on November 3rd as the guest of Peter O’Malley, Chair of the Irish Branch of the Chartered Institute of Arbitrators. Peter has a keen interest in arbitration and mediation, and is a member of IPMO's Civil & Commercial committee. 

The Guest of Honour at the event was Bertie Ahern, Former Taoiseach, who spoke on the impact of the Good Friday Agreement and the importance of using mediation to resolve conflict. He noted that the Mediation Act 2017 provided for the establishment of the Mediation Council of Ireland and questioned the delay in establishing that Council.

The Council is intended to promote public awareness of mediation, such that there is a greater use of mediation for civil disputes, in line with public policy and as set out in the framework of the Act.

Commenting on Mr Ahern’s querying of the delay in establishing the Mediation Council, Dr O’Shea said,

“ The IPMO is keen to progress the establishment of that Council and with the assistance of the Department of Justice is working with the other prospective nominees to make that happen. As an organisation promoting the profession of mediation, we welcome the Department’s support, and we look forward to the day when mediation is considered the first and foremost forum to resolve any amenable dispute”.

Also in attendance at the event were IPMO Board and Committee members including Shane Dempsey (Treasurer), Ercus Stewart SC (Board Member),  and Bill Holohan SC (Member of our Civil & Commercial Committee). 

By Bill Holohan Mediator, Solicitor & Senior Counsel. Member of Civil & Commercial Committee of the IPMO

Mr. Justice Twomey delivered judgement on 10 February, 2023 in the case of Sere Holdings Ltd v Health Service Executive [2023] IEHC 63 and said that the State should, at least, consider mediation in every dispute in which it is involved. He further concluded that litigation should be the last resort for the resolution of disputes in all cases and particularly in disputes involving State agencies.

The Court set out the following reasons in reaching these conclusions. It noted that:

• court hearings should be a last resort, for the simple reason that litigation is such an expensive way to resolve any dispute;
• it is the taxpayer who will have to pay the legal costs if a State agency loses and even, in some cases, if the State agency wins;
• High Court costs paid by the taxpayer, in the tens/hundreds of thousands of euro, will in many cases not be ‘proportional’ to the value or importance of the dispute;
• if State agencies resolved their disputes without litigation, it would mean that scarce court resources would be available for other citizens of the State to have access to justice; and
• a State agency does not have the financial incentive that most other litigants have to consider mediation. For individual and corporate litigants, the financial consequences of having to pay High Court costs are usually very much to the fore of their minds, since they will feel the effect in their pocket.

The Judge, at paragraph 82, also noted the approach in Australia that obliges a State agency to endeavour “to avoid, prevent and limit the scope of legal proceedings wherever possible, including by giving consideration in all cases to alternative dispute resolution processes where appropriate”.

Given that IPMO is only 20 months old we were thrilled to be asked by The Wheel to host a parallel session at their Summit event at Croke Park this week.

IPMO was born in a post-Covid world where mediators like everyone else had to quickly adapt to new technologies and new ways to offer mediation services. The Summit conference was an opportune moment to meet in-person with others in the voluntary sector and for IPMO to reflect on where we are going, and how the needs of our communities, particularly marginalised communities, may also meet the needs of our members. Chair of IPMO, Dr Róisín O’Shea was the MC for the event, introducing speakers Laura Gibbons who works with Dóchas, Zsé Varga from Volunteer Ireland, and Mary Connors Aldrige and Joseph Ateb from IPMO. The title of the session was ‘The opportunities that volunteering can create for multicultural Ireland’.

Mary and Joseph who lead the IPMO Community Mediation Committee spoke about the need to understand what is meant by community mediation in Ireland and explored a mutually beneficial model which meets the needs of the community to access low or no cost mediation and the need of mediators to gain practice experience before they start their professional journey.

l-r Dr Roisin O'Shea, Joseph Ateb, Mary Connors (of the IPMO), Cherif Labreche  (CEO of New Communities Partnership)

As Shane Dempsey Deputy Chair of IPMO noted, "volunteering to gain mediation experience is not a destination it is a means to gain experience in order to move on to professional practice".

Mary, a member of the Travelling Community spoke of her pathway to mediation, her recent appointment as CEO of Minceiri Port Lairge and the excellent work of the Traveller Mediation Service headed up by Chris McDonagh. Joseph spoke about coming to Ireland from Nigeria, studying law and securing a masters scholarship in mediation. Both spoke about the traditional values of their communities, the older dispute resolution culture and raising the awareness of mediation in those and other marginalised communities such as refugees, asylum seekers and immigrant communities.

Dr O’Shea facilitated a panel discussion which included guest panellist Cherif Labreche, CEO of New Communities Partnership and a Board member of the Wheel. Dr O’Shea closed the session emphasising the importance of volunteering and finding ways to attract volunteers such that organisations in the voluntary sector can thrive and communities benefit both locally and globally.

On Sunday April 23rd the Sunday Business Post reported that the Irish Professional Mediators’ Organisation have called on the Minister for Justice to lower the VAT rate on family mediation services and family law services, to at least 9%.

In 2019 Róisín O’Shea and Shane Dempsey, the current Chair and Treasurer of the IPMO, made a submission to the Joint Oireachtas Committee for Equality & Justice on reform of the family law system. In that submission they included a proposal that the VAT rate on family mediation should be reduced from 23% to no more than 9%. A journalist from the Sunday Business Post came across this 2019 proposal and reached out to ask if the Government had taken any steps to action this suggestion. The Board of IPMO had previously discussed calling again on the Government to consider this idea and last week the Board made a submission to the Minister for Finance Michael McGrath TD proposing that the State provide support to families who are going through the breakdown of a relationship or marriage by reducing Value Added Tax on family mediation fees and family law services.

Those who need the services of a family mediator, and a family law solicitor are individuals rather than businesses and therefore cannot reclaim VAT on their fees. At the current rate of 23% this is almost a quarter on top of the fees charged.

It is also the case that the majority of people engaging in mediation to agree parenting, child/spousal maintenance, and terms for separation or divorce will also need the services of a family law solicitor before they enter into a legally-binding mediation settlement or separation agreement. Therefore, separating families currently pay VAT at a rate of 23% for both their mediator and solicitor, substantially increasing the total costs. This extra cost likely depresses demand for mediation of marital separation, which the government is actively trying to promote as an alternative to litigation.

Lowering the VAT rate for both family mediation and family law services to at least 9% would have an immediate beneficial effect on the thousands of families experiencing marital separation, which are already impacted by the cost of living crisis.

IPMO looks forward to discussing this proposal further with the Minister.

The link to the Sunday Business Post article is below: 

https://www.businesspost.ie/news/couples-divorcing-should-be-spared-penal-vat-charges-mcgrath-told/

The Board of IPMO are pleased to announce the creation of a discounted student membership fee for those who are studying mediation. Students who are undertaking a mediation programme at third level can join IPMO for a fee of €20 which will allow student members to attend some IPMO member sessions and events.

Student members will receive the IPMO Bulletin which will announce which events student members can attend. It is an excellent opportunity for those studying mediation to be involved in interactive events with established mediators and those starting their mediation practice. IPMO is holding a series of events on the week of November 7th to 11th for International Mediation Awareness week which kicks off with a workshop on ‘Putting your best professional foot forward’ on starting your mediation practice; followed by another of our ‘In conversation with’ informal interviews where Dr Roisin O’Shea the Chair of IPMO speaks to international mediators about their professional journey.

All sessions/events are on Zoom .

To join the IPMO as a "Friend of IPMO (Student)", click here. 

Remember that you may be asked for proof of enrolment. 

To mark the first anniversary of the Irish Professional Mediators' Organisation, we are hosting a series of online webinars for our members. 

The "In Conversation With" series will see international mediators interviewed in a conversational style by the IPMO's chair, Dr Roisin O'Shea. The purpose is to give mediators who are starting out an understanding of how experienced mediators developed their professional skills. 

To learn more, join the IPMO

Chair of IPMO and Partner in Arc Mediation Dr Roisin O'Shea was invited to speak at a webinar hosted by the ADR Institute of Alberta and the Foundation of Administrative Justice on February 17th 2022.

Support for the regulation of mediation in Canada has waxed and waned over the years. Many Canadian practitioners agree that some form of oversight is needed although many cannot agree why. One of the strongest arguments against regulation is the cost involved to set up regulatory bodies which would likely mean higher professional membership fees for mediators. But there is more than one way to consider regulation and in this webinar Dr Roisin O'Shea and Paul Pierse from Ireland speak about their experience in Ireland post the commencement of the Mediation Act, 2017, what changes it brought and what work still needs to be done.

https://www.adralberta.com/irish-mediation-act-2017/

The official press launch of our organisation is taking place this week.  Dr Róisín O’Shea is the first Chair of the IPMO and makes the following announcement on behalf of our Board.  

"I am very excited to announce the arrival of our new professional membership organisation for mediators, the Irish Professional Mediators’ Organisation, ‘IPMO’, a non-profit CLG. We have an amazing and diverse Board of experienced mediators and industry experts who are passionately committed to the development of mediation as a profession in Ireland, and we are already working with members to bring mediation front and centre as the best dispute resolution option.

Conflict is inevitable and can be found everywhere, varying in duration, intensity and scale. In Ireland and internationally there is both a growing recognition and re-embracing of mediation as more often than not the best forum to try and resolve a dispute.

My first introduction to peace-making was during informal meetings with George Mitchell and the American team during the Good Friday negotiations in the early 1990s. His patient and pragmatic approach, taking one bite-sized piece of the issues at a time, made a lasting impression on me and underpins my own work as a mediator today. We are reminded of how fragile lasting peace can be when significant change brings about new conflict, as has happened with Northern Ireland and Brexit, but through negotiation there is always a way to seek compromise, and it is our role as mediators to move disputants away from ultimatums or all or nothing thinking towards compromise and workable solutions.

As Chair of IPMO I bring 12 years of mediation experience having completed hundreds of cases and alongside that work I have carried out research in the Irish Courts to try and understand why families seek solutions through litigation. In case after case, I observed Judges recommending mediation and State policy also supports the use of mediation for civil disputes. The introduction of legislation to place mediation on a statutory footing is a very welcome initiative, but the Mediation Act 2017 is not a sticking plaster for the core problem of persuading people away from the courts and towards mediation. That is a job of work that IPMO will tackle, we must help the public to imagine themselves trying mediation where they self-determine their own solutions rather than handing over decision-making to a third-party authority.

The formation of the Mediation Council of Ireland is a key component of the Mediation Act 2017, its role including the promotion of public awareness of mediation, maintaining and developing mediation standards and setting up a national register of mediators. The establishment of that Council is imminent which is why IPMO needed to come into being. There are 5 seats on that Council to represent the interests of mediators and mediation services, and as one of only 2 professional membership bodies for mediators in Ireland we are seeking a seat. The work of the Mediation Council will be crucial to the development of mediation in Ireland and the IPMO team have the skills, knowledge, and enthusiasm to work to achieve a future Ireland where mediation is always the first preference for dispute resolution. "

- Chair of IMPO Dr Róisín O’Shea  

Photo: The Board of IPMO: Top row L-R Dr Róisín O’Shea, Marie Casey, Ercus Stewart SC, Anastasia Ward, Fredericka Sheppard. Bottom row L-R Joseph Ateb, Penelope McRedmond, Mary Connors Aldrige, Shane Dempsey, Gareth Leech

Dr Roisin O'Shea, Chair of the Irish Professional Mediators Organisation CLG, has been selected as a Judge for the 17th ICC International Commercial Mediation Competition.

Students from Universities and Colleges all over the world will compete on 48 teams, their performance being evaluated by some of the world's leading Dispute Resolution specialists who participate as judges. The competition is an annual educational event that seeks to encourage the effective use of mediation and the open exchange of ideas, experience and know-how between students and professionals from different countries, cultures, generations and backgrounds. In commenting on her appointment Dr O' Shea said

"I am delighted to be selected as a judge and fully support the aims of this international event which places an emphasis on cultural diversity in line with a key objective of IPMO. Our organisation through our Supervision and Mentorship programmes also supports the exchange of ideas and experience between experienced mediators and new entrants, which transitions newly qualified mediators into professional practice. The support provided by experienced mediators will help develop the professional service of mediation in Ireland and will ensure that the users of mediation will ultimately benefit". 

The event which will take place from February 7th to 15th 2022 is run by the International Chamber of Commerce, 'ICC', who have over 100 years of experience in devising rules to govern and facilitate the conduct of international business.