How Can Mediation Be Used in a Workplace Dispute?

In the workplace, disputes arise for a variety of reasons, ranging from simple misunderstanding, aggressive or inappropriate behavior, contract interpretation to violation of state or federal anti-discrimination laws and termination. Termination is wrongful when an employee is fired for an illegal or improper reason.  

Workplace disputes are often coupled with intense emotional conflict. Sometimes perception is the cause of disputes in the workplace. Take for example, a dispute arising from the termination of numerous employees during an unexpected company downsizing. One employee will look back on the employment experience as having been a good learning opportunity where useful skills were developed and friends were made, while another may resent the employer’s actions and view the situation as unplanned and unfair. Employees and employers may turn to a mediator to resolve their disputes. No two conflicts are alike. 

Although addressing disputes early can help resolve a conflict, mediation can be used at any point during a conflict.

If an employee belongs to a labor union, the workplace issue is often addressed in negotiations between union management and management/HR’s union contact. If the employee does not belong to a labor union, a mediator can be used to resolve any number of workplace problems between management and the employee.  

Workplace disputes most often are either interest disputes and/or rights disputes. An interest dispute is a disagreement related to the wants or needs related to person’s employment and often not contractually nor legally inherent. Below are some examples.

Our NJAPM professionals have experience in each type of case listed above and more!

Many workplaces have in-house mediation available to employers and employees to resolve disputes. Choosing a mediator outside of your organization can be useful when an internal procedure cannot resolve the dispute, or the relevant staff decides against the option of in-house mediation. Workplace mediation is also beneficial when the dispute is particularly sensitive, or there is a need for confidentiality, especially if the dispute has escalated. Although addressing disputes early can help resolve a conflict, mediation can be used at any point during a conflict. 

Benefits of Mediation

In workplace mediation, the employer and the employee each have a common interest and goal to settle their dispute. Mediation allows for the continuance of productive relationships.  Formal disputes are time-consuming and expensive, they can also ruin relationships. One major dispute can be very costly due to the use of substantial assets resulting from legal fees and considering the potential for a jury award. The situation can become even more costly if the conflict involves a key or high-level executive. In addition to the cost, the task of handling the dispute can distract and unnerve what otherwise was a strong and efficient working team. Due to the possible disruption disputes can cause to the workplace, the need for a reasonably prompt and efficient process warrants a resolution option such as mediation. 

Whatever you decide, mediation can be an excellent option to settle a case.