MEDIATION OF WORKPLACE  ISSUES

Employment relations seem to be getting more complex. Today we are not merely hired until our boss says you’re fired. Some of us have contracts for employment. Some employees work under contracts established between the company and a recognized union. These contracts usually cover issues of hiring, termination, hours, wages, and working conditions. Some employees are protected from discrimination in the workplace — protected from prejudicial actions against a person because of race, color, creed, religion, sex, age, disability, national origin. A worker is protected from sexual harassment.

In Tennessee, an employer can still let an employee go at will except in breach of a contract, private or union, or if the employer is practicing unlawful discrimination.

Many of these issues give rise to conflict and, when they do,  work and the work place suffer. It seems the entire working environment is affected, so quick resolution is desirable.

Mediation is a process that can help employers and employees, co-workers, management and labor in dispute resolve their conflicts. Mediation, a form of assisted negotiation  with the help of a trained impartial third party called a mediator, can help people in dispute negotiate a settlement of the conflict instead of litigating it. Employment litigation is extremely costly and lengthy.

So why mediate an employment dispute?  Because its quicker, cheaper, and, most importantly, it allows the parties to be in control of the outcome.  It may be possible to resolve the dispute and save  employment relationship. Resolve it pre-suit and maybe someone doesn't have to get fired!

Going to mediation before a lawsuit is commenced spares you unwanted publicity.  You may find your judge ordering you to try it. The process is confidential and if it doesn’t work, the judge cannot know why it didn't or what had been negotiated. You have nothing to lose and a lot to save. You retain all of your legal rights.

What kinds of employment disputes are good for mediation?

Management conflicts, departmental issues, labor/management, termination, hours, wages, working conditions, sexual harassment, and other claims of discrimination.

Sexual harassment is especially well suited for mediation since confidentiality is to be prized.   In mediation, it may be possible to resolve the conflict without having to terminate everyone involved.        

Any time a continued employment relationship is desired or required after the resolution of the conflict, mediation, being a cooperative process, heightens the chance of a cooperative continuing relationship.

I am a trained mediator and drafted Tennessee's employment discrimination law -- The Human Rights Act -- in 1972.  I have served on the EEOC's mediation panel and the Department of Justice's  Americans with Disabilities mediation panel.  Also, I perform mediation for the U.S. Postal Service.

While I drafted the Tennessee law dealing with discriminatory practices in public accommodations, employment and housing,  I firmly believe mediation is a method far superior to filing charge or law suit to resolve these kinds of problems.

 Thank you for your attention.