Mediation in The Workplace: When It’s The Right Time
Disputes with employees can prove costly for a company in terms of reputational loss and the damage caused to workforce morale. Litigation in a major dispute with workers can even cause significant financial losses to the business in terms of a potential jury award and hefty legal fees.
An otherwise robust and motivated workforce can become distracted and unnerved if they find the management and a co-worker locked in a bitter legal battle. Companies often end up making the mistake of trying to resolve employment disputes through litigation because they are unable to foresee the negative consequences it may have on their business.
Once litigation has begun, one misstep leads to another, and the downward spiral continues. It may only end at the doorstep of the courthouse when a lot of damage has already been done.
Employment Law Mediation
When a current or former employee makes a legal claim against their employer, it is usually in the best interests of both sides to pursue the path of mediation to resolve the dispute. Mediation in employment disputes is a non-binding process, which makes it worth exploring in almost every case. Both the employer and the employee are free to not accept the mediator’s recommendation for a settlement.
The terms of settlement are subject to the agreement of both parties, and the complete process is largely confidential.
The involvement of professional employment mediation services will often greatly increase the possibility of a resolution. The trained and experienced mediator will help open two-way communication and bring the focus on their real interests that satisfy the needs of both parties.
Advantages of Mediation in Employment Disputes
Through the mediation process, the disgruntled employee will have an opportunity to give a vent to their emotions. That itself often opens the gateway for a prompt resolution. A resolution achieved through employment mediation services will usually be more beneficial than the one determined by a jury or court.
Mediation will avoid lingering anger and animosity. Both parties will have control over the final outcome. Compared to litigation, the legal fee and related costs are likely to be far lower. Confidentiality is inherent to the mediation process to a large extent, which means other workers do not have to know about a particular settlement.
Forward-Looking Companies Prefer Mediation
Progressive companies that want to focus their energies and resources on growing their business and adding value to the economy and the society are usually quick to recognize the folly of litigation. They understand that mediation will not only help to effectively resolve a range of factual, emotional, and legal issues related to the dispute, but it will also avoid a potential drain on the company’s time and resources.
Considering the myriad of benefits afforded by employment law mediation, companies are now increasingly choosing this path of dispute settlement with employees. They may even include a mediation clause in an employment contract, and explain the benefits of mediation to workers through employee handbooks, personnel meetings, and educational seminars.
Call Shapiro Media Services for a Free Consultation
Shapiro Mediation Services has made an impact in communities across Massachusetts and South Florida. The firm, led by experienced legal professional Anna Shapiro, Esq., also continues to provide high levels of service, excellence, and compassion no matter the circumstance.