Five Ways to Avoid Employment Litigation

employment mediation

Five Ways to Avoid Employment Litigation

Employment litigation is time-consuming and expensive and mostly ends up hurting the company’s productivity and employee morale in more than one way. It’s essential to understand what employment mediation is and why it could be a much better alternative to resolving employer-employee disputes. 

Choose an Employment Mediation Attorney  to Avoid Employment Litigation

It becomes possible to resolve employment-related conflicts in a swift and confidential manner through mediation. An experienced employment mediation attorney in Massachusetts can help address various barriers to dispute resolution, and enable both sides to move towards a win-win agreement. 

No Conflict of Interest

The mediator does not have any conflict of interest because they will not have an allegiance to any side. This neutral status of the mediator enables them to build rapport and trust between both sides and help them face the issues upfront.

Dealing with High Conflict Personality Issues

In an employment dispute, more often than not, one of the parties will have a high conflict personality. A skilled employment mediation attorney would be trained to manage emotions when engaging with such individuals. They would focus on problem-solving and help both parties move away from the blame game.

Preserving Valuable Relationships 

Once the employer understands what is mediation and why they should consider it, they will start seeing its inherent benefits.

If the employer values the exceptional skills of an employer who has raised the dispute, it may worth restoring his or her trust in the company and regain a positive relationship. The non-adversarial approach adopted in mediation can allow for dispute resolution without causing the relationship to deteriorate beyond redemption.

Protecting Workforce Morale

When there is a conflict between the employer and an employee, chances are that other employees are watching closely how the management reacts to the situation. When they see that the company is adopting a tolerant and constructive approach, and is willing to choose the path of mediation, it will boost their morale and make them feel more confident and loyal towards the company.  

Other Ways to Minimize the Risk of Litigation 

A knowledgeable employment mediation attorney in Massachusetts can guide you about some of the ways to minimize the chances of worker litigation.

Make it Easier to Report Complaints 

The sooner you learn about an employee’s grievance, the faster you can move to resolve it. Create systems whereby employees can voice their complaints and bring issues that affect them to the top management’s attention.

Respond Quickly to Employee Complaints 

Be proactive about resolving employee issues, and respond as soon 

as possible once you have learned about an employee’s problem. Any delay will increase the mistrust and may encourage an employee to go for litigation. 

Be Consistent about Applying Rules and Policies 

Do not make exceptions, and make sure the company’s rules and policies apply to all employees in the same way. You will alienate many of your staff if you inconsistently apply policies about pay, promotions, awards, vacations, and discipline. In short: treat everyone fairly. 

Use Employee Handbook Effectively

Employee handbooks should contain clear and unambiguous policies and should work as a tool to minimize opportunities for disputes. But if it is too complex, and promises more than what you can handle, it will become a stumbling block by creating misunderstandings and unnecessary conflict.

Need Employment Mediation? Shapiro Mediation Services Can Help

Contact Shapiro Mediation Services today to learn more about the mediation process. Call (339) 298-7733 to schedule a free consultation with one of our employment mediation attorneys at our Massachusetts or South Florida office, or contact us online.