Employment disputes are emotional, disruptive and costly. They simply don’t get better with age. At EEM, we understand the nature of workplace disputes and their motivation… the first step to effective mediation.
Our approach to employment mediation is different. Research — and common sense — demonstrate that every conflict has an emotional component. As seasoned attorney mediators, we know that superior results are achieved by incorporating techniques for dealing with emotion into the mediation process. Our model facilitates dialogue and considers the emotional backdrop as well as the parties' needs and interests. We also mediate early on — before positions become entrenched — to avoid administrative charges and lawsuits, where possible.
The Benefits of Mediation Far Exceed Settlement
Lawyers and judges will tell you that court pleadings rarely reveal the nature of the underlying dispute. Mediation, by contrast, focuses on what fuels the dispute in face-to-face exchanges between the parties. It uses the potential for mutual gain present in conflict while – at the same time – preserving relationships, increasing productivity and improving morale.
The benefits of mediation far exceed settlement of a particular dispute. Because mediation is confidential and non-binding, participants are less inclined to posture and more inclined to be candid and focus on their needs and interests. And because mediation is self-directed, the parties can engage in creative problem-solving to achieve solutions outside the constraints of litigation.
Timing Is Everything
The usual approach is to mediate employment or workplace dispute after an administrative charge or lawsuit is filed. We do that too, but we believe that waiting to mediate post-charge or post-litigation results in a series of missed opportunities and considerably more expense.
Our Team Approach
Our attorneys make a well-rounded team, who work well together and with our clients. Together our experience combines a mastery of process and labor and employment law, affording our clients the ability to evaluate the strengths and weaknesses of their claims and to facilitate favorable outcomes.
The “team” aspect of our work is what makes EEM special. We believe that co-mediation – more often than not-- is optimal to resolve and evaluate disputes and that it is particularly helpful in complex or emotionally-charged matters. While co-mediation is our preference because we believe it produces better results in an employment context, it is something we discuss with our clients as an option rather than a mandate.
Unlike most mediation firms, we do not have a template or one-size-fits-all approach but instead put our clients’ needs first and focus exclusively on those needs. Our approach is individualized and depends on a variety of factors including: individual perspective and perception, corporate culture and management style, as well as strategic considerations and the nature and history of the dispute or conflict.
To find out more about our approach, contact us. We’d welcome your inquiry and believe that we can save you time, headaches and money.