While employers may be more concerned about the costs of litigation and the publicity of a scandalous lawsuit, employees may favor the employment mediation process for much different reasons. Some of the surprising benefits that employees may receive by resolving their dispute through mediation include:
The employment relationship is inherently imbalanced. Employees are often afraid to voice their opinion or talk to management when something is bothering them. Mediators are trained in conflict resolution. They understand the importance of validating the participants’ feelings. They may ask questions to clarify and summarize what the employee is saying in order to show that they are listening and empathize with the employee. This aspect of the mediation process often makes employees feel like they were understood for the first time.
Retention of Jobs
In litigation, the employment relationship has usually been severed. However, in mediation, the parties are able to address the problem before it reaches this serious point. This allows employees and employers to work through problems together without the employee worrying about losing his or her job and livelihood.
In litigation, the parties are considered adversarial to each other, or enemies. This process ultimately results in one winner and one loser. Mediation is much different. It actually depends on the parties working together toward mutual goals, such as continuing the employment process and avoiding a bitter court battle. Many times, mediation may lead to better relationships between the parties.
Core Benefits of Mediating Wrongful Termination Cases
Mediation is an effective way to resolve many disputes that occur in the workplace, including wrongful termination cases. Some of the essential benefits that this process provides include:
Reduction of Cost
Mediation allows the parties to resolve the case at any stage in the dispute. Early mediation allows the parties to avoid expensive legal fees and discovery costs. Expert witness fees and additional expenses can also be avoided through using mediation over litigation.
Employers do not like employees filing public lawsuits against them. Mediation is private. Additionally, anything discussed during this process is confidential and cannot be repeated in court.
Balance of Power
In the employment context, there is an inherent imbalance of power because the employee is under the authority of the employer. In mediation, both parties have an equal say in the process and whether they reach an agreement or not. The process is completely voluntary.
When parties go to trial, they open themselves up to the whim of a judge or jury. When the parties agree to mediation, they may know how the case will end. If they reach an agreement, this will conclude the case.
Because the parties can resolve the case at mediation, they can move on more quickly. They do not have to worry about an impending court case. They also do not have to deal with the uncertainty of a possible appeal.
With instant access to everyone else through phones and social media, it can be difficult to maintain an appropriate work-life balance. However, these tips can help make that goal more achievable.
Establish some boundaries around your coveted home life by unplugging from electronics at certain times. Place a basket by the dinner table to make it phones-free. Take a brisk walk after work where you turn off your phone or swap it out for a music player. Physically and mentally recharge from your day by disconnecting.
Live by a Routine
Babies thrive on a routine. It gives them a sense of predictability and calms them. Routines work for older folks for the same reasons. Create a plan that incorporates work responsibilities, home life, hobbies and time for yourself.
Divorce and Family Law Legal Attorneys
When Family Law Challenges Demand Effective Solutions
Fall Tips to a Healthier Life
Take action this fall to live a healthier life by adopting these easy strategies into your routine.
Eat Fall Superfoods
Pumpkins are packed with immune-boosting vitamins. Beets can add fiber to your diet. Sweet potatoes can give you an extra dose of potassium.
Get a Flu Shot
The flu shot can reduce your risk of getting the flu by up to 60 percent. It is especially important to get your shot this fall if you are elderly, have diabetes, work in a healthcare or community setting or have a predisposition to an autoimmune problem.
Dilute Your Intake
The fall season is prime time for many sports as well as holiday festivities. If you drink, try a light version of the drink and add one cup of water after each glass of alcohol.
You’ve heard some people say the glass if half full while others say it is half empty. Engineers say it is twice as big as necessary.
A priest, an optometrist and an engineer were golfing. They were impatiently waiting for the group of golfers ahead of them. They saw the groundskeeper nearby and hailed him over. The priest asked, “Why is the group ahead of us so slow?” The groundskeeper responded, “Yes, that is a group of firemen. They were blinded when our clubhouse caught fire last year. They saved our clubhouse, so we let them play for free any time they want to.” The group fell silent. The priest said, “I will begin to pray for them.” The optometrist said, “I will examine them to see if there is anything I can do to help.” The engineer inquired, “Why can’t they just play at night?”
Question: How many software engineers does it take to change a light bulb? Answer: None. That’s for the hardware folks.