 Employer
Employee Dispute
Few controversies are more damaging to a business than a dispute with an employee. In today's environment, a single major employment dispute can result in the erosion of substantial assets because of legal fees and a potential jury award. A conflict with a key executive can devastate a well-established company. The task of handling the dispute can distract and unnerve an otherwise strong and efficient management team. This situation warrants a strategy that eliminates the possibility of disruption and distraction and the financial and emotional cost to business.
Companies often embark on litigation in resolving employer employee disputes because management does not properly understand the consequence of such litigation and the psychological effect it may have on the business at hand or the employer believe the complaint is without merit and must be defended vigorously. Once begun, it is difficult if not impossible to stop. Each step of the litigation process leads to the next. Companies often find themselves resolving cases at the courthouse door after economic, political and emotional costs have all been spent.
When a terminated or current employee asserts a claim against an employer, it is frequently in the best interests of both sides to attempt to resolve the matter early through mediation. The mediation process gives the employee an opportunity to have their day in court and to vent emotions. A resolution is likely to emerge promptly. The resolution is likely to be more beneficial than one fashioned by the court or a jury. Mediation avoids lingering animosity. Mediation allows the parties to retain control over the outcome. Mediation requires far less in legal fees and other costs as compared to the expense of litigation. The mediation process and procedure is private and confidential, and confidentiality agreements can keep other employees from knowing about a particular settlement.
Not only is mediation especially effective in dealing with the myriad of legal, factual and emotional issues that are present in a dispute. It also provides a cost effective and mutually satisfying way of negotiating what are otherwise difficult disputes.
**FOR EMPLOYMENT DISPUTES, GESTALT MEDIATION WILL CONDUCT MEDIATIONS AT YOUR PLACE OF EMPLOYMENT (IF APPROPRIATE) AND AT WHATEVER TIME IS NECESSARY (TO
ACCOMMODATE 2ND AND 3RD SHIFTS AND WEEKEND WORKERS)** |
