Workplace Mediation Service Large Corporations
When it comes to employment mediation at work, you are probably just one of many. While no one knows how often this kind of mediation happens, it’s certainly more prevalent than it used to be. Many employers have had their fair share of workplace conflicts, and that can include things like sexual harassment or age discrimination cases.
Not every workplace dispute can be resolved through the arbitration process. In fact, in many cases, arbitration is not the best solution for the situation, especially when other legal processes like employee grievances and discrimination lawsuits could already be in the works.
That doesn’t mean mediation at work is dead; on the contrary, with new civil rights laws going into effect across the country, it has become a useful tool for workers and employers. That’s why many companies are opting for workplace mediation as a first resort to solve workplace disputes.
Communication is always an important part of any dispute. That’s why before it can get to mediation at work, employers and employees need to be on the same page, both for what you expect from the process and what you feel you’re entitled to.
The first step to ensuring that everything is clear and understood is to discuss your personal issues and expectations first. Everyone should have the right to express his or her opinions, but how much freedom do you want to take on board?
For example, you may not want to discuss your pregnancy, childbirth, or the birth of your child. Likewise, you probably don’t want to bring up the fact that your boss made you do some “dumb” stuff during your last performance review. This is because you and your boss may never get along during a formal mediation, and the situation may turn ugly at the last minute.
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If you really feel it’s important for you to discuss these things, make sure that your manager or your union representative hear all your concerns.
Or better yet, if your employer won’t be paying for the mediator or if the two of you can’t agree on an appropriate amount, take matters into your own hands. You are more likely to resolve things this way.
Once the workplace mediation at work issue is cleared up, you will need to decide what type of mediation you would prefer.
There are two basic options: Employee or Employment Dispute Resolution, and Alternative Dispute Resolution.
Employee cases generally occur when an employee feels that he or she is being treated unfairly or that they have been mistreated at work.
These may be age discrimination, sexual harassment, or a pay dispute. And most of the time, it is not possible to reach a settlement, since courts generally favor employers over employees.
On the other hand, employment dispute resolution focuses on resolving problems that may occur between an employer and an employee. This includes situations like low wages, overtime, or simply unreasonable requests.
As the name suggests, this type of mediation is usually fast and informal.
Finally, there is Alternative Dispute Resolution, which is used in situations where everyone agrees that mediation at work is not necessary or appropriate. For example, if an employee believes they have been discriminated against at work, but the problem is resolved informally, this may be the option for the job.
But when your employer has not yet agreed to be bound by any agreement reached in the workplace mediation, this option may not be the best choice.