When a dispute between the business and employee arises, common results include termination or in these employment conflicts, it is vital to resolve the matter outside of the courts due to the potential liability issues involved in the case. Employees may assert a claim for wrongful termination or an invalid demotion that can potentially damage the reputation of the business and disrupt the workforce. With the help of an employment mediator, employers and employees may be able to resolve these legal issues in a more efficient and private manner. Here are the essential details that you should understand about this process.

The Role of the Employment Mediator

Mediators usually have experience in the subject matter involved in the conflict. The parties can select a mediator in their area based on their knowledge and expertise in certain practice areas. Often, mediators have a background in business, counseling, social welfare or the legal profession… The employment mediator does not decide the outcome of the case. Instead, his or her role is to help the parties reach a mutually satisfactory resolution of their case. He or she will ask the important questions to discover what common interests exist between the employee and company. He or she is an unbiased professional who will help the parties have a better understanding of their legal position and of the possible outcomes. The mediator will remain objective and assist to mutually resolve the legal conflict.

Benefits of the Employment Mediation Process

The mediator can help discuss the possible resolutions in employment disputes. The parties are not constricted in mediation to the possible outcomes in litigation. Developing creative and new solutions is one possible benefit of participating in the mediation process.  The two parties can keep control over the process and have an unbiased third party listen. Mediation can also help the employer and worker find a quick and beneficial resolution that will not disrupt company interactions. Through open communication, the two parties can reach an agreement that they are both willing to accept.

Mediation is an effective way of handling disputes that arise in the workplace. Mediation is much more likely to yield effective results when the following characteristics are embraced:

Flexibility

While it is important to consider the strength of your case and what you would be happy settling the case for, flexibility is a key to success in mediation. You need to be willing to rethink your previous beliefs about your position as you receive more information in your case. Consider how a jury might evaluate the evidence that you have been presented with during mediation. A mediator can provide an objective framework in which you can reevaluate your case.

Creativity

One of the most important characteristics of a good mediation is creativity. The parties are not stuck with the typical win-lose scenario that litigation often entails. Many employment disputes are resolved without consideration of financial awards. For example, the parties may agree to a creative solution like making the employee in a discrimination case against an employer a leader of a new workplace committee. The parties may agree that a different assignment may be better for both of them. They may look for new opportunities to reach agreement.

Patience

Mediation can be a tiring experience, so it is important that both parties have patience so that they can reap the meaningful benefits that this provides. It may take time for one side to shift from their position or to make a meaningful jump in relation to a monetary settlement. However, if the parties can reach an agreement in mediation, they may save themselves months or even years that would be wasted in litigation. It is often well worth the wait for the parties to wait patiently during the mediation process so that the matter can ultimately be resolved.