WORKPLACE MEDIATION

A major trend emerging on the American employment scene is the creation of workplaces that are more collaborative and less confrontational, more team-oriented and less hierarchical. Employers and employees alike are realizing the absurdity of dealing with each other as adversaries when they must produce goods or perform services together. Forward-looking companies are investigating management and production systems that emphasize informed participation, decentralized authority and expanded responsibility. Consistent with these goals, they are finding that mediation is the best dispute resolution process.

Mediation of workplace disputes is also useful for companies that have no plans to change the structure or philosophy of their organizations. Employment litigation is enormously costly, in terms of dollars spent, time and energy lost, and relationships destroyed. Mediating disputes as they arise in the workplace can help avoid those costs.

WORKPLACE MEDIATION OFFERS IMPORTANT BENEFITS:

*Provides fast, creative, mutually satisfactory resolutions.
*Provides more resolution options
*Provides resolutions that work better and last longer than authoritatively imposed resolutions   because everyone involved buys into them
*Fosters mutual respect through improved communication
*Mends and preserves frayed working relationships, even when the parties are extremely angry

THE MEDIATOR'S TASK:

*Is to open communications between them about the reasons for the positions they have taken with each other, helping both parties to understand as fully as possible their own and the other's view of the situation.
*Is to encourage both to look at the dispute through different lenses: What do they think will work as a practical matter? What do they think will be fair? What do they think will best honor and promote a good working relationship?

There are certain types of workplace conflicts in which any company would be well-advised to offer mediation. These include:

1. Sexual harassment complaints.

The employer can save its relationship with both employees and avoid an expensive and painful lawsuit.

2. Disputes between employees.

The employees are offered a controlled setting in which to air their differences, guidance in communicating effectively about them, and a chance to make agreements about how they will function together in the future.

3. Deteriorating performance.

Mediation can help understanding other's needs, requirements and requests and can yield an agreement about how to work together in the future.

4. Terminations.

Through the mediation process, the employee has a chance to communicate severance needs and to affect the nature and quality of the severance package, while the employer has an opportunity to eliminate its litigation exposure.

Mediation of workplace disputes is the way of the future. It achieves the most satisfactory, timely and cost-effective resolution of disputes. It is also helpful in creating a collaborative workplace culture.

We offer certified mediators to conduct your mediations at a rate of $150.00 per hour.

RESTORATIVE JUSTICE IN THE WORKPLACE

All businesses face workplace grievances. It is a fact of life that when people work together there are going to be conflicts—both minor and serious. While minor cases can often be handled with proven conflict management strategies, the more serious conflicts and wrongdoings often require a process that can adequately address the emotional impact of the harmful behavior and its aftermath. We bring the best practices of restorative justice into the workplace so that workplace grievances can be fully resolved at all levels—substantively, emotionally, and procedurally.

WORKPLACE CONFERENCING

We work with businesses to bring the process of Workplace Conferencing to bear on any number of workplace grievances. After carefully interviewing key people, facilitators of the Workplace Conference bring together those who have been most impacted by harmful or destructive behavior to speak openly and honestly about the harm that has occurred and to discuss ways on how to make things right.

GOALS OF THE PROCESS

• Bring all affected staff together to understand the impact of the incident from all points   of view, rather than having to rely on office gossip for the truth.
• Create a safe space where people can come together to resolve the incident as a   community, rather than as fractured interest groups.
• Address not only the facts but also perceptions, feelings and emotions which are often   the keys to real satisfaction.
• Hold those who have harmed accountable for their actions and those who have been   harmed a chance to be heard.
• Give those affected a voice in “making things right” rather than having to rely solely on   management to deal with the issue.
• Provide conference members the responsibility for coming to a fair and just solution,   ensuring ownership of any agreement by all parties.
• Review the workplace culture and processes to address any issues that might have   contributed to the problem.

EXAMPLES OF CASES

The Workplace Conference is able to handle a wide variety of conflicts, mistakes and wrongdoing, including the following:

• Employee misconduct
• Workplace bullying
• Aggressive management
• Sexual harassment
• High level conflict among staff
• Performance issues
• Discrimination

We offer certified mediators to conduct your conferences at a rate of $150.00 per hour.