Workplace Mediations

• Family Business Consulting
• Small Business Disputes

Workplace mediation is a process whereby a qualified neutral mediator assists people in conflict (i.e., supervisors, employees, colleagues, vendors, partners) to resolve their disputes without the expense and the time of litigation. The participants engage in a facilitated solution-oriented negotiation to resolve conflict. In a meeting (or a series of meetings), the participants (and their attorneys, if the parties have counsel) and the mediator will:

• Identify the issues involved;
• Develop communication so that each party understands the other’s position and concerns regarding each of the issues;
• Determine alternatives available to resolve the various issues in conflict;
• Discuss the options for resolution in light of the interests of each of the participants; and
• Work out the terms of an agreement acceptable to all.

Some of the most common issues arising in the workplace include:

• Age discrimination, gender discrimination, sexual harassment and other types of harassment.
• Employee/Employer relations specifically as it applies to evaluation, promotion/ demotion or wrongful termination of an employee.
• Breach of Contract
• Alleged negligence or possible intentional acts
• Issues as to job duties or responsibilities

The mediation process requires that the parties:

• Provide full and complete disclosure of all relevant information! This may include conversations, written data, contracts, debts, expenses, evaluations, documentation of agreements, invoices, and all information having to do with the issues in question.
• Treat one another with mutual respect and honesty and adhere to the problem-solving techniques explained by the mediator; and
• Commit to resolving disputes through the impartial mediation process in order to de-escalate conflict, reduce stress, save money, time, embarrassment for all, and settle quickly and satisfactorily.

Please remember that mediation does not attempt to deprive either party of counsel. Either party may at any time communicate with an attorney of his or her choice. Especially before an agreement is signed, it is strongly recommended that each party review the agreement with an attorney of his or her own choosing.

Confidentiality
The mediation process is similar to settlement negotiations between parties to a lawsuit. The participants will agree in writing that all communications between themselves and the mediator are confidential, and are not admissible in any court of law. Each participant must agree that the mediator shall not be called as a witness in any subsequent legal proceeding. If the parties resort to litigation (although this is rare), the information acquired by any of the parties during the mediation process may only be used if it could also be discoverable through litigation.

Voluntary
This is a voluntary process. Any party may withdraw from the mediation process at any time. The mediator may also terminate mediation if continuation would harm or prejudice any party. If the parties agree to settle some issues, but some remain, the parties may agree to transform the mediator into an arbitrator by way of a stipulation, or they may appoint an arbitrator to settle the outstanding issues. Another option is to utilize the court system to resolve the outstanding issues as a last resort.

Time
The parties themselves shall determine the length of time needed. The hours involved will be affected by the complexity of the issues, the degree of cooperation between the participants, and the time involved in securing discovery items. The mediator charges an hourly rate and a deposit fee is required at the time an appointment is set.

The initial retainer is usually paid for by the Company but in some case all parties are able to share the fees proportionally. The mediator can assist in working out an appropriate resolution regarding fees. 

Once all the issues have been resolved, the mediator shall prepare a written agreement to be reviewed and approved by all parties. Prior to signing any agreement the parties are encouraged to review the written agreement prior to signing. Often the mediator proposes the agreement with the help of the parties and counsel.
Most likely, our court system will not settle your dispute. It is too costly, time consuming, and destructive to the parties to help you. Dragged-out court battles deplete business time and funds. With the utilization of mediation to resolve disputes, astute business people empower themselves to problem-solve conflicts, so that they can devote their energies to positive productivity and profit in the workplace.

An effective mediator efficiently facilitates the resolutions of disputes. Successful mediation will increase morale and trust as well as save time and money.

Consider it now before it is too late.

Model Right Moral Behavior to Prevent and Resolve Workplace Conflict