Category Archives: Workplace

Employment Issues: What You Need to Understand About Employment Mediation

Posted on by

Angry boss

When a dispute between the business and employee arises, common results include termination or in these employment conflicts, it is vital to resolve the matter outside of the courts due to the potential liability issues involved in the case. Employees may assert a claim for wrongful termination or an invalid demotion that can potentially damage the reputation of the business and disrupt the workforce. With the help of an employment mediator, employers and employees may be able to resolve these legal issues in a more efficient and private manner. Here are the essential details that you should understand about this process.

The Role of the Employment Mediator

Mediators usually have experience in the subject matter involved in the conflict. The parties can select a mediator in their area based on their knowledge and expertise in certain practice areas. Often, mediators have a background in business, counseling, social welfare or the legal profession… The employment mediator does not decide the outcome of the case. Instead, his or her role is to help the parties reach a mutually satisfactory resolution of their case. He or she will ask the important questions to discover what common interests exist between the employee and company. He or she is an unbiased professional who will help the parties have a better understanding of their legal position and of the possible outcomes. The mediator will remain objective and assist to mutually resolve the legal conflict.

Benefits of the Employment Mediation Process

The mediator can help discuss the possible resolutions in employment disputes. The parties are not constricted in mediation to the possible outcomes in litigation. Developing creative and new solutions is one possible benefit of participating in the mediation process.  The two parties can keep control over the process and have an unbiased third party listen. Mediation can also help the employer and worker find a quick and beneficial resolution that will not disrupt company interactions. Through open communication, the two parties can reach an agreement that they are both willing to accept.

Using Mediation when a Licensing Dispute Arises

Posted on by

licensingLicensing a trademark or product is an effective way to expand the reach of a business without having to invest in the full operations behind the technology. In some instances, a case of infringement has resulted in a profitable licensing agreement. Nonetheless, problems may still arise after parties have agreed to a licensing agreement. In these situations, mediation can serve as an effective way to resolve the problem.

Licensing agreements are contracts between the company that wants to use the product or technology and the business that created it. Licensing agreements benefit both parties, so the parties usually have a vested interest in keeping the agreement in place. They may not want to lose a lucrative agreement that is providing them with an extra revenue stream. Mediation can help the parties work out a resolution that works for both of them.

One of the common problems associated with licensing agreements is that the terms may not be defined in a clear, unambiguous manner. The parties may disagree about the interpretation of what is being licensed and how it can be used. The owner of the intellectual property must take great efforts to define the permitted use and exploitation of the property. If a problem arises, mediation may help the parties understand their point of confusion. They may agree to modify the contract terms to avoid confusion in the future.

Another possible issue that can arise within a licensing agreement is compensation. The parties may encounter a problem in which the party licensing the property does not believe that he or she is receiving the proper amount of compensation. The parties may agree to implement oversight provisions to provide transparency regarding the use of the intellectual property and compensation.

Three Keys to Successful Employment Mediation

Posted on by

Depositphotos_5023099_s-2015Mediation is an effective way of handling disputes that arise in the workplace. Mediation is much more likely to yield effective results when the following characteristics are embraced:

Flexibility

While it is important to consider the strength of your case and what you would be happy settling the case for, flexibility is a key to success in mediation. You need to be willing to rethink your previous beliefs about your position as you receive more information in your case. Consider how a jury might evaluate the evidence that you have been presented with during mediation. A mediator can provide an objective framework in which you can reevaluate your case.

Creativity

One of the most important characteristics of a good mediation is creativity. The parties are not stuck with the typical win-lose scenario that litigation often entails. Many employment disputes are resolved without consideration of financial awards. For example, the parties may agree to a creative solution like making the employee in a discrimination case against an employer a leader of a new workplace committee. The parties may agree that a different assignment may be better for both of them. They may look for new opportunities to reach agreement.

Patience

Mediation can be a tiring experience, so it is important that both parties have patience so that they can reap the meaningful benefits that this provides. It may take time for one side to shift from their position or to make a meaningful jump in relation to a monetary settlement. However, if the parties can reach an agreement in mediation, they may save themselves months or even years that would be wasted in litigation. It is often well worth the wait for the parties to wait patiently during the mediation process so that the matter can ultimately be resolved.

What You Need to Know About ADR of Age Discrimination Claims

Posted on by

Employers are prohibited from discriminating against certain employees and applicants who are of a certain age. Individuals who believe that they are victims of age discrimination may decide to pursue litigation based on age discrimination, or they may choose ADR instead. Read on to learn about what you need to know about age discrimination claims.

What Is Age Discrimination?

The Age Discrimination in Employment Act is a federal law that prohibits discriminating against employees or applicants who are age 40 or older. Some state laws prohibit discrimination on the basis of any age while others prohibit discrimination for slightly younger populations. Discrimination can be firing or refusing to hire an employee or applicant because of his or her age. However, it can also be specifically recruiting younger people, changing evaluations so that they show negative reviews as the employee gets older or taking adverse action against an employee due to age reasons, such as demoting him or her, passing the employee over for promotion or laying off older workers instead of younger ones.

What Is Alternative Dispute Resolution?

Alternative dispute resolution encompasses alternatives to traditional litigation. While there are other forms of ADR, mediation and arbitration are the most common forms of ADR. Mediation involves using a third party neutral who helps the parties better communicate and possibly reach a settlement of a claim. Arbitration is a process in which parties select a decision maker from a list of arbitrators to decide the outcome of their dispute. They put on evidence and testimony like a trial, but the rules of evidence and procedure are usually relaxed. The parties decide before participating in the process whether the arbitrator’s decision will be binding or non-binding. ADR can often save the parties money, decrease the emotional damage and reduce conflict in the workplace.

Growing Trend: Mediation of Juvenile Cases

Posted on by

Because the purpose of the juvenile justice system is to rehabilitate rather than punish a young person, cases arising in this arena are often great candidates for the mediation process. Mediating a juvenile justice system allows the victim to confront a juvenile offender and talk with him or her in a safe and controlled environment. The mediator who is assigned to the case is trained at conflict resolution and may take additional training geared toward the mediation of these particular types of cases.

During mediation, the parties talk about how they were affected by the crime. Rather than proceed as enemies, they work together to establish a plan to correct the harm that was done. The mediator helps the parties talk through the problem. The victim may want to ask questions about why the offender committed the crime. The victim is often empowered during this process by being able to be on an equal footing with someone who has caused harm. It often helps the victim heal and request ways for the offender to make things right.

The offender also benefits from this process because he or she can grow and learn from the experience. Mediation can teach empathy and also increase self-awareness as to why the offender chose a criminal act. It also teaches the offender about accountability and how he or she can personally make a situation right.

The parties work together to decide on what type of restitution is needed and how to provide it. The offender can feel a great sense of healing from this experience and making things right after committing a bad act. This in turn helps the offender avoid further involvement with the criminal justice system and decreases the likelihood of committing another crime.

How to Prepare for Workplace Mediation

Posted on by

Many interpersonal issues in the workplace can be effectively resolved through the use of mediation. This process can help resolve problems involving harassment in the workplace, discrimination, retaliation, hard feelings over a lost promotion, problems between coworkers and problems with a supervisor, among others. Mediation is an important process and alternative to litigation, so it is important that the parties properly prepare for it.

A case can be mediated at any point in the process. Early mediation can be effective in the workplace setting so that the parties can maintain the employment relationship. Additionally, if there is clear liability, the case can be resolved quickly to avoid publicity or embarrassment associated with an ugly lawsuit.

One of the first forms of preparation that must be completed is a mediation brief. This is a document prepared by each party’s legal representatives that describes the facts involved in the case and forwards legal arguments. The briefs should be well researched and contain recent court decisions that held in favor of their represented side. The attorneys send these briefs to the mediator before mediation begins. The attorneys generally provide the other side with a copy of the brief.

The parties can help to actively prepare for mediation. They can provide copies of communication, contracts or other written evidence that establishes their version of events and legal arguments. They may have pictures, video or other forms of evidence that can be persuasive. It is important that attorneys have all relevant evidence before they mediate so that they can negotiate from a position of strength. Mediation may be the last day of the legal dispute, so it is important that the parties and attorneys are properly prepared.

Importance of Private Caucuses in Sexual Harassment Mediation

Posted on by

Business man harassing colleague in officeMediation is a widely accepted version of alternative dispute resolution. This process is particularly suitable to cases involving sexual harassment because of the confidentiality and care that is used. The parties talk with an experienced mediator who is skilled in conflict resolution and work toward resolving the case.

One of the tools that a mediator uses is private caucuses. The parties break into separate rooms while the mediator goes from room to room to have a private conversation with one side of the dispute. This tool can have a significant impact on the potential success of mediation. During private caucuses, the parties can discuss their side of the case. The aggrieved party may share difficult experiences that he or she has gone through. He or she may highlight the acceptance of such conduct in the workplace. Simply explaining these private matters can often be a cathartic experience for the victim. The mediator keeps confidential anything that the party said should remain confidential. However, the mediator may ask if it is acceptable to share certain information with the other side and will do so if granted this permission. This is often helpful because it allows the party to have more accurate information to properly assess the case and reach a settlement.

During the private caucuses, the mediator may also point out the weaknesses of the party’s case so he or she does not have an inflated opinion about the strength of his or her case. The mediator can also emphasize the value of settling a case and the drawbacks of continuing litigation, such as negative publicity about the company or the public dissemination of details of the case.