How Mediation Can Settle Employer And Employee Disputes
Employee-employer dispute mediation is a powerful alternative to litigation, which can help resolve workplace disputes in a swift and amicable manner. It involves a neutral third-party mediator who will work closely with the parties involved in the dispute and facilitate negotiation in order to achieve a satisfactory resolution for all parties.
Courts in Massachusetts usually encourage employer/employee dispute mediation because of its proven benefits in addressing employment conflicts, restoring confidence and trust, and improving communication to enable both the employer and the employee to move forward.
When to Consider Workplace Disputes Mediation?
A wide range of employment disputes can be resolved through mediation. The process is particularly useful when both sides have an interest in ensuring the preservation of a positive working relationship going forward.
Mediation is often used to resolve worker grievances at an early stage and to facilitate resolutions without the necessity of formal legal proceedings. It can also help in cases where two employees or worker groups have a dispute and are prepared to seek a constructive resolution of their differences.
Employer/employee dispute mediation is a fairly flexible process, and the parties can approach it according to their needs. An experienced mediator will try to come up with creative and practical solutions to solve intricate labor-related issues. These suggested outcomes would be in sync with the goals and expectations of workers as well as the business organization.
When Mediation may not be the First Choice?
In exceptional situations, mediation may not be the best first response when dealing with a particular workplace problem. For instance, an accusation of serious sexual misconduct against certain board members by multiple female employees may have to be addressed through a more formal process.
However, even in these cases, mediation may ultimately follow the legal process to expeditiously resolve the ongoing conflict. It’s necessary to remember that employment mediation will be a voluntary process and all parties have to be willing to participate in it.
Benefits of Workplace Disputes Mediation
Employment problems between workers and the management can often be handled most effectively and amicably through mediation. A skilled and experienced mediator will be able to identify and present the real issues before the involved parties and establish the desirable outcomes that each party may aspire to achieve.
Employment mediation has no fixed timelines, which means the process may be considered at any stage. For instance, the process can be put in place at the very outset of an employee complaint with an aim to resolve the issue quickly and pragmatically. Mediation may also be used at any point during employment litigation.
In many cases, both the employer and the employee may realize midway through their court proceedings how stressful, costly, and time-consuming litigation can be and may agree to use mediation as a superior dispute resolution alternative.
There could be situations where mediation does not entirely resolve an employment dispute, but it could still be highly effective in bringing clarity about each other’s perspective and steer the involved parties towards a fair settlement.
Shapiro Mediation Services Can Settle Your Employer and Employee Disputes – Call Us Today
Shapiro Mediation Services maintains the highest legal standards as a matter of substantial pride. The satisfaction of exceeding clients’ needs is of the utmost importance. Call (339) 298-7733 today to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office, or contact us online.