CMP Resolutions founder and veteran of 25 years of workplace dispute resolution John Crawley believes a resolution revolution at work can be achieved by applying ‘nudge’ thinking to mediation at work. For the first time in the UK John Crawley takes the ‘nudge’ not ‘nanny’ concept of Thaler and Sunstein (currently so popular with the Coalition Government) and directly applies it to mediation.
His new White Paper “Nudging Mediation: Applying ‘Nudge’ thinking to increase the use of mediation and cut the cost of conflict in the workplace” outlines a comprehensive list of free or resource neutral nudges to: cut the cost of conflict at work and unlock many of the benefits of mediation, namely its ability to resolve disputes; restore relationships; revive motivation; improve performance.
Four of the most controversial nudges in the White Paper are previewed below:
- Abandon the term ADR (Alternative Dispute Resolution)
- Rebrand grievance procedures as resolution procedures
- Replace the concepts and terms ‘formal’ and ‘informal’ in grievance procedures
- Insert a clause supporting mediation as an option in contracts of work.
CMP believes these nudges will transform the choice architecture around mediation in the hope that we can influence people more effectively towards early local dispute resolution and unlock some of the combative habits forming in the UK working landscape. John says: “These nudges are necessary steps towards a workplace resolution revolution. The direction of travel should be from grievance to resolution and from litigation to mediation.”