Your SlideShare is downloading. ×
Mediation in the Workplace
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Saving this for later?

Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime - even offline.

Text the download link to your phone

Standard text messaging rates apply

Mediation in the Workplace

955
views

Published on

Preparing to mediate your workplace dispute.

Preparing to mediate your workplace dispute.

Published in: Business

1 Comment
0 Likes
Statistics
Notes
  • Be the first to like this

No Downloads
Views
Total Views
955
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
21
Comments
1
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Media&ng  Workplace  Disputes  By  Lorene  F.  Schaefer,  Esq.  Mediator  &  Workplace  Inves&gator  www.OneMedia&on.com  © Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 2. Employee Lawsuits Are Costly Costs to defend typical employee lawsuit - $150,000+ Length of time (including appeals) – 2 to 4 years Non-Economic Costs Stress, anger, distraction Lost productivity Low morale/employee turnover© Lorene F. Schaefer, Esq. www.WinWinHR.com  
  • 3. Dispute Resolution ContinuumHigher Control Lower ControlLower Costs Higher CostsParties Decide Outcome Neutral Decides OutcomeNegotiation Mediation Arbitration Judge JuryInformalFormal© Lorene F. Schaefer, Esq. www.WinWinHR.com www.OneMediation.comPrivatePublic
  • 4. What is Mediation?  Informal process that uses neutral, third-partyto assist parties in finding mutually acceptable resolution  Not an adjudication  Mediator does not decide what is “fair” or “right”  Mediator cannot and does not force settlement  Mediator will seek concessions© Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 5. Why Mediate?  Private & Confidential  Participants Have Ownership of Process& Decisions  Opportunity for Better Results  Quicker Resolution  Decreased Stress, Disruptions, &Distractions in the Workplace  Creative Solutions to Problems© Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 6. Selecting a MediatorExperienced Employment AttorneyNeutral & TrustworthyFlexibility of StylesMediation Training & ExperienceGood Sense of Humor©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 7. Preparation is Key to SuccessKnow Your Case (Best,Worse, Most Likely)Submit Good, Solid Pre-Mediation Brief or HaveTelephone Call With MediatorDetermine How You Will Present (Charts, Verbal)Agree on Who Will Say What inOpening & Joint SessionsObtain Settlement Authority Outline Negotiation Strategy©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 8. Negotiation Strategy  Develop a strategy but remain flexible.  Will You Make First Offer? What Will It Be? Do You Want to Setthe Expectations or Manage Them?  Let the Negotiation Flow – Never Try to Short Circuit It  How Will You Use Your Evidence In Mediation?  “Back Pocket Approach”  “Trickle”  “Smoking Gun”©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 9. A Special Word About Settlement Authority Lawyers don’t settle cases, clients do Defining “Full Settlement Authority” Don’t forget possibilities other than $ Good faith negotiations  Do you want to have to “phone home?”Apology?Letter ofReference?RetirementParty?©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 10. What to Expect in a MediationMediator’s Opening CommentsOpening Comments of Attorneys & ParticipantsJoint Discussion to Explore Issues & Ask QuestionsCaucus(es) – Separate Private Meeting(s) with Each PartyReconvened Joint Session(s)Resolution & ClosureThough there is no set format, the following are typical phases©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 11.   Opening statement – opportunity to speak and listen to otherside without “filter” of lawyers.   Listen, Listen, Listen – Opportunity to deal with emotionalobstacles – “Day in Court”  Speak directly, but politely – Avoid rude behavior  Discuss from perspective of what reasonable fact finder likelyto conclude vs “what really happened”  Ask clarifying questions – but Respect, Respect, RespectOpening Statements & Joint Session©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 12. Private Caucuses  Be Prepared – Mediator Likely Will AskClient More Direct Questions  Anticipate – “What is Your SettlementAuthority?”   Additional Fact Sharing  Confidential Designations  Use the Mediator as a Sounding Board forNegotiation Strategy©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 13. “The Dance” & Talking Numbers  What motivates the decision maker(s) in theother room?  Recognize the Mediation “Dance” – Don’t be TooAnxious to Negotiate $ – Allow “Day in Court”  The Rule of Reason – Be Ready to ArticulateEmployer’s “Why” & Probe Employee’s “Why”  Constantly Re-Evaluate Strengths & Weaknesses  Determine Settlement Range and Value©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 14. Documentation & Closing the DealSigned Term Sheet or Settlement Agreement①  Parties②  Claims③  Timing of Performance ④  Release⑤  Dismissal Pending Actions⑥  Confidentiality⑦  Agreement Not to ExecuteAny Existing Judgment⑥  No Admission of Fault⑦  Remedies for Breach©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 15. Be Prepared – Other Potential TermsAlthough not always included, the following terms are sometimes negotiated:   Mutual Non-disparagement   References  Non-Compete  Non-Solicit of Customers  Non-Solicit of Employees  Charitable Contributions  No Re-Apply   Joint Press Release  $ Paid Over Time  Outplacement  Sensitivity Training  Regret or Apology ©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 16. ResolvedCongratulations!!©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 17. ResolvedFollow-Up - Do Not Give UpMediationis a Process. Not anEvent.Use Your Mediator!!!©Lorene F. Schaefer, Esq. www.WinWinHR.com
  • 18.  Thank You!My Blog: WinWinHR.com@WinWinHRLorene F. Schaefer, Esq.www.OneMediation.comEmail: Lorene@WinWinHR.com