How Does Employment Contract Mediation Work?
Any business may face complaints from current or former employees related to the terms and conditions of the employment contract. It is often in the best interest of both the employer and the employee to resolve their differences through an alternative dispute resolution mechanism called mediation.
What is Employment Contract Mediation?
Employment contract mediation is a process designed to facilitate the resolution of workplace disputes, such as wage and overtime disagreements, hiring, promotion, transfer or termination issues, workplace discrimination or harassment problems, or any other disputes related to contractual obligations of the employer or the employee.
A knowledgeable and skilled employment contract mediation attorney can facilitate this process as long as all parties to the dispute are willing to engage in it voluntarily. This form of dispute resolution is far quicker and more cost-effective than litigation.
Although in some employment contract mediation, the mediator may be a representative appointed by the state of Massachusetts, in most cases a trained employment contract mediation attorney with a private practice may be chosen.
Why Companies Prefer Employment Mediation?
In numerous decisions, the US Supreme Court has warned employers against ignoring worker grievances only at their own peril. A growing number of companies are now putting in place clear policies that require a thorough and transparent investigation of an employee’s complaint, and where necessary, adopt a dispute resolution process involving mediation.
If a supervisor harasses a subordinate at the workplace, the employer could be held liable even if the victim has not suffered any tangible loss or has chosen not to report harassment. Proving the employer’s negligence is also not necessary in these cases. If the employer makes use of mediation to address the employee’s concerns, their effort would be considered fair and reasonable.
Employment contract disputes usually emerge out of relationships. Every individual in the relationship has different needs and expectations. Employees would almost always prefer to have a dispute resolution process that is expeditious and does not put them under a serious financial constraint.
The complaining employee may also want to have the ability to air a grievance in confidence, without their co-workers coming to know about it. They may need reassurance that the company is attentive and empathetic to their complaint and that they will not face retaliatory action. Finally, an aggrieved employee wants to isolate themselves from a supervisor against whom they may have a complaint of discrimination or harassment.
In many cases, the employer may feel that the employee’s grievance is unjustified or their accusation is unreasonable or false. They may believe that the employee is trying to take advantage of the situation.
Employers also sometimes worry that giving in to the demands of one employee could set the wrong precedent and lead to a spate of complaints. With this kind of belief, the employer may be unwilling to make any type of settlement.
How Employment Contract Mediation Can Help
The mediation process will allow both the employee and the employer to vent their issues and ultimately encourage them to see the other side’s point of view. Employment contract mediation will provide a framework for constructive problem-solving. Both sides may consider creative solutions like letters of apology, job modification, re-training, or open new channels of communication, particularly where current employees are involved.
Need Assistance With Contract Mediation? Call Shapiro Mediation Services Today
The legal team at Shapiro Mediation understands how stressful being involved in a lawsuit is. Shapiro Mediation Services will be by your side to answer questions and figure out the best path forward. Call (339) 298-7733 today to schedule a free consultation at our Massachusetts or South Florida office, or contact us online.