Deirdre Curran
National University of Ireland Galway
Deirdre is employed as a lecturer in the Management Discipline at NUIG. She is actively involved in research into workplace mediation as a dispute resolution process. She leads a national level workplace mediation research group housed within the Kennedy Institute for Conflict Intervention at Maynooth University.
In the current climate of political uncertainty and increased regulation, balancing the interests of transparency and confidentiality in the delivery of a consumer-centered, statutory-based, dispute resolution services,... [ view full abstract ]
In the current climate of political uncertainty and increased regulation, balancing the interests of transparency and confidentiality in the delivery of a consumer-centered, statutory-based, dispute resolution services, presents particular challenges. The presenting issue for this research project is the challenge faced by the Irish Financial Services Ombudsman (FSO), a statutory-based service provider, in balancing these interests in its mediation service. The Kennedy Institute Workplace Mediation Research Group was commissioned to undertake the research.
Mediation is a process in which an independent, neutral Mediator assists two or more disputing parties in resolving their dispute in a collaborative, consensual manner (www.themii.ie).
The core tenets of mediation are that it is confidential, voluntary, and that control over the outcomes rest with the parties in dispute. Where mediation is provided by a statutory-based service provider, the confidentiality issue is further compounded by the monitoring and reporting requirements of the service provider. The challenge of balancing confidentiality and transparency while providing appropriate metrics of performance and effectiveness requires a considered and informed approach if a quality mediation service is to be sustained.
This paper draws on international theory and practice to examine the challenges involved in balancing confidentiality in a state-sponsored mediation service with the transparency required by the State as funder and regulator. A range of comparator organisations to the FSO were reviewed to establish how they addressed this challenge and what learning could be gleaned for the policy and practice of the FSO.
Preliminary conclusions emerging from this research inform the debate on the balancing of confidentiality and transparency in mediation in the following ways.
The boundaries of confidentiality are fluid – in theory and in practice – and a measured approach to managing confidentiality that takes account of both the organisational and wider sector context is required. Service provider’s policy and practice should be consistent and informed by solid empirical research. Public bodies have a duty to ensure transparency in relation to their processes and procedures, and it is important to be clear about what information is required to ensure transparency.
This project is ongoing and the authors intend to present more detailed findings and implications once the second phase of the project is complete.
