Employers and employees alike are exhausted by the inefficiency and stress of traditional court battles to resolve workplace disputes. These conflicts, often underestimated in their impact, can lead to the departure of valued employees and sour working environments. But there’s a better way forward.
Recognizing the need for a more effective approach, consider the transformative power of employment mediation. Let’s explore how mediation can not only resolve disputes but also rebuild relationships and foster a more harmonious workplace environment.
The Power of Mediation
Few Workplace Disputes Require Litigation
Statistics show that approximately 80% of lawsuits filed are resolved out of court, indicating that most disputes, including those in the workplace, can be resolved informally. Mediation offers a constructive alternative, particularly in cases where emotions are running high or there are multiple conflicts at play.
Employment mediation is regularly used to resolve workplace disputes when:
- The parties‘ emotions are getting in the way of productive discussions
- There are multiple conflicts involved and they can’t agree on what is most important
- They’ve lost the ability to think positively or creatively about potential outcomes
Consider Who is Involved
When navigating workplace disputes, it’s essential to consider the individuals involved. Whether it’s a multi-party conflict or involves corporate entities, mediation allows for a tailored approach that addresses the unique needs and perspectives of all parties. By fostering open dialogue and understanding, mediation can lead to mutually beneficial solutions while preserving important relationships.
Focus on Resolution and Closure
Many cases can be resolved through mediation, but resolution isn’t the only reason parties mediate workplace disputes. It can also be used to address issues that a court isn’t designed to consider, such as:
- Respect for lived experiences
- A new future
- Self-respect and freedom from guilt
Benefits of Mediation
Save Money, Time, and Energy
Law firms estimate $125,000.00 is the average cost of defending an employment lawsuit through enough discovery to file a summary judgment motion. If the motion is denied and the case goes to trial, the legal fees are typically twice that amount. Early neutral evaluation will usually cost less than $1,000.00. Similarly, fees for a full-day mediation are around $1,500.00.
The discovery process in an employment lawsuit can take many months, and the process can be delayed several times. My employment lawsuit was in a small county in Texas many years ago and still took four years to resolve. I wasn’t actively engaged in it every day during those years, nor was my attorney, but it occupied more time than I ever imagined. That was in part because it took up a lot of mental energy, too.
Preserve Relationships
My former employer and I both lost valuable relationships during the process of litigating our workplace dispute. It took years beyond the judgment to reconcile with people I valued, and those relationships will never be the same. Trust was broken. Words were said that can’t be taken back. Careers went in different directions. A business failed. None of these relationships had to end this way.
Maintain Confidentiality
Mediation provides a private and secure environment for resolving disputes, protecting sensitive information from public scrutiny and preserving the reputations of all involved. This is especially important in today’s social media age where one viral post about a conflict can cancel decades of success.
Ready to try mediation?
What to Expect During a Mediation