Mediation or investigation? 
When is it prudent to use an informal process in place of a formal one?

with Michael Jensen, Sally Wiencke and Leta Chen

The number of workplace disputes is increasing, and yet the decisions required to support the best approach are complex.

In this engaging workshop, three workplace consultants (one investigator and two mediators) will be discussing the merits of the informal and formal processes including:

• What are the risks/benefits associated with each approach?
• When might you be legally constrained to opt for one form of process over the other?
• How would you assess a situation to determine whether a formal process over an informal process is better?

This workshop will be facilitated by Keith Greaves from IAP2.

We are expecting a lively night where practitioners, teachers and students will debate these issues in this challenging aspect of workplace conflict resolution.

About the panel

Michael Jensen is a director of C4M Consultants, a workplace lawyer and has previously worked in workplace mediations before choosing to specialise in workplace investigations. C4M Consultants specialises in “low impact” assessments and investigations including allegations of breach of workplace rights, workplace violence and workplace corruption and has consulted to a wide range of local government, state government, not for profit and private sector organisations. (www.c4mconsultants.com.au)

Sally Wiencke is a director of Momentum – Changing Mindsets, a company that specialises in workplace-based ADR. She has more than 20 years of workplace based experience in assisting people to have enhanced professional working relationships, specialising in interventions which reduce the behavioural risks associated with conflict and stress. This includes mediations, facilitations, conflict coaching, small and large group team interventions, specific training, and coaching. In addition to being a nationally accredited and Advanced Practitioner with LEADR and practising Cinergy® conflict coach, Sally has a long history specialising in return to work for injured workers and is a Critical Incident Stress Management (CISM) and EAP counsellor.

In addition to being a director of Momentum, Leta Chen is a registered psychologist, nationally accredited and Advanced Practitioner with LEADR and practising Cinergy® conflict coach. She received a Clinical Masters in psychology in the mid 1980s and has since specialised in the area of workplace dispute resolution and the prevention of psychological injury. For a 10 year period prior to Momentum she was director of KCA Injury & Conflict Management where she first built her mediation practice. Her clinical background has contributed to her strong diagnostic approach, which she applies to a wide suite of restorative and integrated conflict management interventions to minimise behavioural risk.  In addition to facilitations and mediations, Leta provides an assortment of related services including tailored team interventions, conflict coaching, dispute systems design and Employee Assistance Programmes.  

About the facilitator

Keith Greaves' company, AKA Projects, often works in close proximity to workplace investigations and conflict assessment projects. AKA Projects focuses on supporting clients with establishing a values based, strategic approach to engaging all stakeholders in decision making processes. Keith has a background in science communication and is currently assisting CSIRO with their Inspiring Australia initiative. He is the Victorian Coordinator for the International Association of Public Participation Australasia (IAP2).