Workplace Disputes Handled Quickly and Privately with Mediation

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Workplace mediation provides tremendous benefits to both employers and employees who are involved in a workplace dispute.  Not only are they confidential—they are more inclined to resolve the issue than litigation is, allowing everyone to get back to work (together!) more quickly, with minimal distraction and time lost from productivity.

The quicker you handle a workplace dispute through mediation, the more likely it is that the outcome will be favorable to everyone involved.  Allowing situations to fester only increases the tension and conflict—both of which are lessened through the process of mediation with a trained mediator who is an expert in handling workplace disputes.

Below are some of the most common issues that can be successfully handled through workplace mediation.

  1. Sexual harassment complaints—often, the core problem with sexual harassment is a difference in opinion regarding what is offensive and what isn’t.  When two parties are allowed to openly discuss boundaries, and what is (and is not) appropriate for a professional work environment, the situation is generally resolved quickly and with minimal damage.
  2. Interpersonal differences between employees—let’s face it, everyone is different and there are many times when different personalities clash at the workplace.  Settling these disputes and personality clashes quickly through mediation as soon as they arise can help offset further, more complicated issues that might arise if the situation is allowed to continue without mediation.
  3. Deteriorating job performance—employees can get wrapped up in their personal lives and struggles to such a degree that it lowers their job performance.  The intense personal struggles they face might produce feelings of defensiveness and anger, making it difficult to resolve the situation peaceably.  Mediation helps both employer and employee understand the reasons and the results of poor job performance, ensuring that the employee gets the support he or she needs to make it through difficult personal situations without affecting the company’s level of productivity or professionalism.

The Different Styles of Mediation

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In any discipline, there are several approaches to take to arrive at the same conclusion.  Mediation is no different and has been practiced and taught in various styles.  In the belief that their way is the best way, some mediators might be tempted to make the accusation that a certain approach is not “real” mediation.  The truth is that each style of mediation comes with its own pros and cons—with mediators likely to express strong opinions about their own personal style and why they don’t prefer others.

Facilitative Mediation
Facilitative mediation is likely the type of mediation that most practitioners know well.  This traditional style of mediation was taught and practiced in the 1960s and 1970s and is still taught today in many programs and schools of thought.  In this type of mediation, the process is structured in such a way that the mediator assists the parties by asking questions; at the same time, he or she validates and normalizes the points of view of the parties in conflict.  However, it is still up to the parties in conflict to arrive at a successful and fair conclusion to the conflict.  In facilitative mediation, the mediator avoids making any recommendations or giving his or her advice, believing that the role of the mediator is to facilitate a resolution but not necessarily force it.  Put simply, the mediator allows the parties to be in complete control of the outcome.

Evaluative Mediation
Evaluative mediation as a style of mediation was developed out of court-mandated mediation and is a process that is patterned after the typical settlements held by judges.  A mediator who practices evaluative mediation helps the parties in conflict arrive at a resolution by showing them the weaknesses in their case and evaluating what a judge or jury would be likely to decide if the case were brought to litigation.  Focusing on legal rights of the parties instead of “fairness”, an evaluative mediator will likely meet with each party and their attorney in separate meetings.   The process of evaluative mediation usually involves a point-by-point evaluation of cost vs. benefits in deciding to pursue legal action in a case, and because of this, most evaluative mediators are attorneys.

Transformative Mediation
This newer concept in the field of mediation was coined in 1994 by Folger and Bush in their book The Promise of Mediation.  As a form of facilitative mediation, transformative mediation focuses on the values of “empowerment” and “recognition” as keywords, and parties meet together because it is only through meeting face-to-face that the concept of “recognition” can truly happen.  As with facilitative mediation, transformative mediation is structured so that the parties are in control of the outcome and the mediator is a facilitator to this conclusion.

Pros and Cons of Each Style
It would seem that in general, mediators follow a continuum from transformative to facilitative to evaluative mediation, depending on the situation and the needs of the parties in conflict.  However, there are some mediators who are convinced that one style of mediation is more true to the core philosophy and purpose of mediation, and will rely on it solely for their mediation practice.

Those who practice transformative mediation solely often claim that mediators who use the facilitative and evaluative approaches put too much pressure on clients to reach a resolution.  They firmly believe that in the process of mediation, the clients should be the ones who decide whether they really want a resolution, not the mediator.  However, those who practice evaluative mediation take issue with the fact that transformative and facilitative mediation take too long to reach a satisfactory conclusion.

October 15, 2012

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October 8, 2012

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October 4, 2012

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Involved in a Broken Same-Sex Union? The Courts Will Not Look Out For Your Best Interest if the Relationship Fails

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While there is much debate in this year’s presidential election over the topic of same-sex marriage, the reality of the situation still stands: in most states, same-sex marriage is illegal and is not recognized by the courts as a legally sanctioned (and therefore, legally protected) status.  This means that same-sex couples who have cohabitated, shared property, raised children together and built a life together are not given the same legal means whereby to settle their property equally if the relationship fails.

In situations like this, mediation can be a wonderful tool to help settle property or custody disputes after a same-sex relationship ends.  Mediation has been proven to be a highly effective means to reach an agreement that is beneficial to both sides involved in the conflict, and is conducted by a third party who is non-biased and trained in mediation procedures.

Without legal protection, resolving a dispute involving the fair distribution of jointly purchased and jointly owned property can be a nightmare—particularly if the parties are not able to reach an agreement on how the situation should be resolved.  Litigation encourages further disagreement and bitterness, making it difficult to reach a satisfactory conclusion that works for both parties involved in the conflict.

Especially if the same-sex couple has children that they have raised together, determining custody arrangements, child support and visitation can be a tricky process.  A trained mediator will be able to assist the couple in opening channels of communication and allowing each party equal opportunity to explain his or her situation and needs regarding the dispute.

The best part about mediation is its discreteness.  When you litigate a case, your “dirty laundry” is essentially aired to anyone who wants to look into public records.  However, with mediation, your matter is kept private and in strict confidentiality, allowing you the opportunity to pick up the broken pieces and move on with your lives more quickly.

October 1, 2012

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