Identifying Mutual Solutions With Mediator Employment New York

By Helen Watson


Good employment mediation benefits everyone in a company. Even situations where it seems impossible to resolve a dispute can be helped by mediation, and can produce a good outcome for both employers and employees. In a serious employment dispute (such as dismissal, personal grievances or harassment), it's sometimes tempting to try to find an outcome without involving a third party mediator. Unfortunately, because no one in these situations is unbiased, it doesn't always benefit either party in the long run. Read below on how to enhance Mediator employment New York.

Various kinds of disputes, ranging from wrongful termination claims to sexual harassment claims and unsafe working condition claims, have been brought to the surface. Although they differ in nature, veracity and public perception, one thing is for sure: An improperly resolved claim can quickly turn into a fiasco that could potentially damage the company from a financial and public image.

Whether the claims originate from an upset and aggrieved employee or even a former employee, a company should realize the value of considering mediation over litigation in resolving the conflict.

Why Avoid Litigation? In facing litigation, companies can often be misguided and pursue litigation. This mistake is usually committed because of two reasons: one, a desire to punish the employee who is often perceived at a disadvantage in terms of resources; and two, a poor understanding litigation's cost and consequences.

When a compromise cannot be reached through employment mediation, a mediator can continue to work to find solutions that will benefit both parties, or offer a recommendation based on their unbiased understanding of the situation. They can even offer a binding solution that both parties agree to keep before the mediating expert decides the outcome.

The process itself gives them control of the mediation proceedings and deal with the problem among themselves and the mediator. Businesses sometimes go through developing the morale and productivity of the staff and if mediation is centered on common beneficial results, then professional employment mediation could offer businesses with the advantage in the aggressive marketplace.

What happens after employment mediation? If everything is honored, you can go back to how things were. If things are still not honored, it's always possible to go back to the same individual to try to find another agreement. If not, there is always the possibility of the Employment Relations Authority or the Court, who will make a full and final decision.

Although mediation is not meant to be a cure-all solution to solve employee disputes, it helps a company avoid a financial and public relations nightmare by working hand-in-hand with the disgruntled employee in coming up with a satisfactory resolution. However, both parties privy to the mediation must keep it entirely confidential- Dishonoring this fact can result in a breach of the agreement- which means it may be put on hold or it may be dismissed. In plain terms, it may mean that the employee or employer loses an outcome that's favorable to them.




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