Workplace
Mediation Services
with the Resolutions Model
Businesses know the importance of maintaining and improving the
work of their most important asset: the people who staff the
organization. Despite the best intentions of management, workplaces
experience disputes and conflicts that both harm the environment of
the business and reduce the effectiveness of the employee. Whether the
dispute formally falls under EEOC complaints or is a more non-specific
but equally disquieting "hostile environment" conflict, the result is
both financially and emotionally debilitating for any business.
Out-of-pocket costs for legal defense services can range from $50,000
- $100,000. Then there are the hard-to-calculate costs from lost time
in preparation for the defense of the suit to the inevitable formation
of loyalty camps within the organization that can disrupt
relationships and output.
"Progressive companies
are finding that by using mediation services they are able to
significantly save money and, most importantly, retain and invest in
employees. Mediation helps reduce employee dissatisfaction and
turnover; saves money on legal fees; and improves company morale in
general."
Examples of Mediation in the
Workplace
Manufacturing
Company - workplace dispute between
the CIO and CFO of a specialty manufacturing company in which there had been
a physical altercation witnessed by many other employees.
Situation: There was a
long-standing dispute between the male CFO and the female CIO of this
organization. After one particularly disquieting argument, the CFO, while
physically shoving the CIO from his office, pushed her into the wall,
causing no real physical injury, but significant emotional damage. On the
advise from company's legal counsel, the vice president of human resources
requested that I attempt to mediate the dispute between the employees. My
work required both individual meetings with the parties to gain their
trust and agreement to mediation, and then two mediation sessions.
Mediation: The parties were
successfully able to work out their differences, understand how they
jointly contributed to the problems between them and develop an agreement
outlining how they would work together going forward. Because many
employees witnessed their office altercation, they also agreed to publicly
apologize and commit to working together. As a result, they were able to
bring the organization together, rather than having it divide into two
camps of supporters.
A final benefit: there was no
formal legal action taken, saving the company hundreds of thousands of
dollars in legal fees and potential damage awards and the two employees,
both considered to be very valuable to the company, continued to work
there.
Community Mental
Health Organization
Situation: Two employees had
worked for the organization for many years, one of the supervising the
other. Based on the supervisor's recommendations, the other employee was
promoted. At the point that they became peers, tensions arose between
them. Within six months of the promotion, the former supervisor was
threatening to leave the organization because of these problems. The
executive director and the head of human resources had numerous meetings
with them to try to understand and handle the problem and retain both
employees.
Mediation: At the point that the
employee's resignation was submitted, the head of human resources
requested that they participate in mediation. The parties agreed to this
one last try and at the conclusion of one three-hour mediation session,
they were able to understand how the tensions began and festered. The
parties continued to work for the organization.
Why it worked: Both parties
commented that there were two reasons why mediation worked after all else
had failed:
(1) the session was facilitated to allow them a full opportunity to hear
and understand how the other person saw the problem; and
(2) the mediator was external to the organization and therefore none of
the discussions the parties had would be revealed to those people in the
organization who supervised and evaluated their work performance.
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Other
examples:
Family-owned business dealing with succession planning.
Management/labor negotiations in which both sides were
seeking to modify the contract.
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