Dispute Resolution

Disputes involving schools are often drawn-out, complex matters that can have a significant negative impact on the wider community, including families, staff, governing bodies and public agencies. Issues surrounding children’s education are frequently sensitive and can be highly emotive. As a result, in an increasingly litigious society, the costs of many such conflicts can quickly spiral out of control and are all the more detrimental if they end up in court. 

In order to help schools deal with these challenging situations effectively before they escalate, we offer two levels of support as well as INSET and coaching workshops for staff:

1. Conflict Management

Our Conflict Management service operates at a tier below the formal legally binding mediation process and is designed to address a wide variety of school-related disputes. Our consultants have extensive experience of working in the independent sector and are experts in the art of negotiation.

Our specific approach will vary according to the context. In general, we would explore the issue by investing time with the relevant people in order to understand the background before collaborating to develop a solution. Typically, we would start with private conversations with each side. At the appropriate point in discussions, our trained intermediary will bring the parties together to facilitate constructive dialogue in order to settle on a positive way forward. To draw a line under the dispute at the end of the process, it may be helpful for us to write up a formal agreement.

We are successful because our consultants have first-hand experience of working in independent schools and can appreciate the associated pressures. Furthermore, we take a neutral stance that enables people to air their views in confidence, without judgement or fear of recrimination. An objective approach, using an impartial go-between, aids the consideration of the most beneficial options for a positive outcome.

2. Mediation

Mediation is a legally binding way of resolving a dispute, which is designed to ensure that it cannot be taken to court. It is quick, efficient, cost-effective and confidential. In the appropriate cases, a school may decide to supplement our Conflict Management service with mediation. It is also a stand-alone option.

Whenever there is a risk that a dispute could escalate into a costly legal battle. It can be used as an early intervention without the need for additional legal representation, or it can be used further down the line in collaboration with solicitors.

Mediation is successful in the great majority of cases and has several advantages over traditional routes of litigation. These are:

Confidentiality
The process of mediation is bound by strict laws that ensure the issues discussed remain confidential to the parties involved. In contrast, court cases are in the public domain.

Less expensive
Depending on the dispute, the financial burden of litigation can be very high; mediation is usually a more cost-effective route.

More efficient
The majority of mediations are concluded on the same day, whereas litigative cases often drag on for months if not years, requiring a large investment of professional time and emotional energy.

More amicable
Mediation promotes a balanced dialogue with a genuinely impartial intermediary, who is dedicated to finding a solution in the best interests of all parties involved. It is likely to be less damaging to relationships than contesting a lawsuit.

3. INSET and Staff Coaching

If you are looking for whole staff INSET or coaching workshops for smaller teams within your school, we can deliver a bespoke course that is designed to help teachers deal effectively with difficult situations.

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