Consensum - balanced business

In these turbulent times, with escalating tensions in world politics and when society seems increasingly polarised, you could be forgiven for thinking that there has never been a greater need to educate people about dispute resolution and how to deal with conflict effectively.

The ability to deal with conflict is not something that comes instinctively to us as a species. In fact, our instinctive “fight or flight” response to a perceived threat (which is how the brain interprets conflict) is a survival mechanism that is hard-wired into the human brain. In the face of conflict a primal response kicks in. Whilst this may be a natural response to conflict, it doesn’t have to be an inevitable response. An understanding of the dynamics of conflict and how to deal with conflict and disputes more effectively can be learnt. Yet few outside of the mediation community (or those who have taken mediation training) are taught these skills.

TalkingWorks is a registered charity that believes that one way to begin to address this gap and to start to embed conflict resolution skills into society is by providing training to young people as part of their education.

Although many young people are seeing and facing conflict in their daily lives, and witness conflict and disputes in the world around them, they are not generally provided with the skills to help them manage these situations.

Learning to handle conflict in productive ways is an important social skill that young people can use throughout their lives. The core skills of conflict resolution, namely good communication, real listening, and looking for solutions are valuable skills in all walks of life. The focus on resolving problems also teaches young people how to think creatively and to evaluate solutions. It gives them the confidence to solve problems in a positive and constructive way.

At TalkingWorks we believe that young people being fluent in the language and techniques of mediation and dispute resolution, and being confident in dealing with conflict when they encounter it, can only be a good thing for them and for society at large.

The training

In partnership with law firms and other funders, TalkingWorks provides a one-day practical training in mediation skills that has been developed specifically for sixth formers and post-16 students. The training is led by an experienced trainer who is assisted by a team of professional mediators. These mediators volunteer their time to act as coaches and share their experience of dealing with conflict with the students.

Students learn the core skills of mediation and learn more fully how they can apply them to daily life and everyday situations. They get a sense of the differing places where conflict exists and how mediation could be a better way of resolving those conflicts.

The training itself is very interactive and highly engaging.

It combines practical exercises and role-plays in small groups with each group of students receiving coaching on the skills they are developing from a professional mediator. The aim is for the students to find the day challenging and thought-provoking but also fun. Creating a memorable learning experience that will stay with students long after the day of the training has been key to the success of the training. In addition to role-plays of scenarios that the students can relate to, the training also uses current events and topics identified by the students themselves to keep it relevant to them. Having been a coach on the training, it’s inspiring to watch how quickly these young adults understand how these skills might have a real practical application in their own lives and an impact on the world around them.

Skills after just one day’s training

In just one day’s training the students acquire skills that they can immediately put to use in their lives. These skills include active listening, empathizing, effective questioning, generating solutions and being impartial. The training highlights how to deal with difficult situations and but also when not to intervene.

Understanding the importance of good communication.

Most disputes have their roots in a breakdown of communication. When people are in the midst of a dispute, or find themselves in conflict, effective communication can be even more difficult. It can be particularly challenging to really listen to others when they are expressing views and arguments that we disagree with or that make us upset or angry. In this situation, although a person may outwardly be taking in information they are often already busy in their own heads preparing a response or a counter-argument.

As all good mediators know, active listening is an important skill to get to the heart of what is going on in a dispute and to build trust. During the training we help students understand what it means to “actively listen” and we teach them practical skills to help those in dispute to really listen to each other. Listening carefully to try to really understand what the other person is saying and why they are saying it, rather than just to respond.

They learn the power of accurately paraphrasing what the other person is saying to demonstrate that they have really heard and understood what that person wants to say. They also learn the importance of body language and role of non-verbal communication in helping people have good conversations.

Using fun practical exercises the training teaches the students the value of questions and how they can use different types of questions to understand what matters to a person, to obtain information and resolve ambiguity, and generate solutions.

The training provides young adults with vital skills to understand and deal with conflict at school, at home and beyond. The hope is that in doing so we are equipping the next generation with not only a range of valuable life skills that they will be able to draw on in their school life and future careers, but also embedding an understanding of some of the key processes for conflict resolution into our society. These young people are, after all, the future.

If you would like to get involved or support TalkingWorks please visit www.twis.org.uk, where you will find links and futher information.

By Gill Mansfield, Commercial Mediator and Trustee of TalkingWorks

This is a question that it is easy to understand if you watch William Ury’s insightful TED Talk. It’s the realisation that there is a “third side”, often found in community, that can help solve the conflict between the parties to any dispute.

The third side is the inspiration for the middle part of the “e” in consensum’s logo. We are neutral helpers who work with the two sides of the “e” in any type of conflict.

This is what we seek to do in consensum.  We are here to help you find your path.

Hilary Gallo

With the speed of the fanatic, the Government has confirmed a massive rise in the cost of civil litigation with effect from next Monday March 9th, rather earlier than originally announced.

According to the Law Society, whose table is reproduced below, some civil court fees will rise by 622% and even the smallest increase is 64% so that a claimant bringing a money claim valued at £20000 must now find £1000 in order to issue proceedings.

Access to Justice this is not!

I feel sure that when Lord Woolf published “Access to Justice” he did not have in mind a draconian increase in fees the effect of which is to drive all but the richest litigants from the courts. It goes to show that not everything can be reduced to mere numbers by the bean counters in our society.

While some advisers have been hurrying to beat the rises by issuing proceedings this week, the remainder will have to put up with it.

Of course, they could opt for mediation or other forms of dispute resolution. I doubt that was what the Government had in mind but it may be a blessing in disguise for litigants and mediators alike.

Value of claim £      Fee now £ (paper)         New fee £          £ Increase in fee

20,000                       610                                     1,000                     390
40,000                       610                                     2,000                     1,390
90,000                       910                                     4,500                     3,590
150,000                     1,315                                   7,500                    6,185
190,000                     1,315                                   9,500                    8,185
200,000                     1,515                                  10,000                  8,725
250,000                     1,720                                 10,000                   8,280

Charles Holloway – 6 March 2015

Consensum - balanced business

Charles Holloway

Charles Holloway

  • Civil Disputes
  • Commercial
  • eDiscovery

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Roger Levitt

Roger Levitt

  • Property & Commercial Disputes
  • Franchise
  • Trust and Probate

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Gill Mansfield

Gill Mansfield

  • Commercial Disputes
  • Media & Entertainment
  • IP, IT, Digital & Technology

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Julian Roskill

  • Employment
  • Partnership
  • Joint Ventures & Shareholders

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