Bring ADR to Your Company - Mediation and/or Arbitration
Insight Employment Mediation can help you design an economical and efficient internal dispute resolution system, so workplace conflict can be resolved at the earliest possible opportunity. We work with your company to design a system that fits your company's culture.
AN INTERNAL CONFLICT RESOULTION SYSTEM IS AN INTEGRAL PART OF EMPLOYMENT "BEST PRACTICES" IN CREATING A POSITIVE WORK ENVIRONMENT.
When such a system is in place, it strengthens the relationship between management and employees, provides guidance for all levels as to where to go and what steps to take when a serious conflict or complaint arises, and helps to build trust on the part of employees that their concerns will be taken seriously, that they will be listened to, and that they will be treated fairly.
AN INTERNAL CONFLICT RESOULTION SYSTEM IMPLEMENTS A CRITICAL COST-SAVINGS STRATEGY.
Costs to defend an employment lawsuit that may arise from workplace conflict typically run in the $50,000 - $100,000 range. These costs are only for your outside counsel – they do not include the amount of any judgment rendered, or the attorney’s fees of the employee which may be awarded if the employee prevails. Of course, there are also the more intangible, but just as significant, costs associated with lost productivity, stress-related claims, absenteeism, low morale, and negative publicity that accompany these cases.
WHY DO WORKPLACE CONFLICT CASES COST EMPLOYERS SO MUCH MONEY?
These cases are “fact-intensive”, and generally cannot be resolved with a simple motion filed with the court. They require investigation, depositions and discovery not only of the employee, but of all other people involved – management, employees, friends, human resource personnel, and sometimes experts. Discovery often examines how similarly-situated employees were treated. Lawyers file legal briefs on procedural and substantive points along the way. Finally, there is the trial – which occurs several years later, lasts for several days to weeks, and requires much pre-trial preparation, all billed at the lawyer’s hourly rate, often at $250 per hour or more. Even where the case does not go to trial, there are still costs associated with responding to EEOC complaints, attorney letters demanding severance or other damages, and costs of litigation.
WHAT ARE THE SOLUTIONS TO THESE RISING COSTS?
- Employment liability insurance.
- Preventative training.
This type of insurance can protect you against catastrophic losses. Of course, there is a cost associated with this – the cost of premiums and the cost of your deductible.
Training management and HR staff on employment laws and conflict resolution management is a critical step in preventing and managing conflict.
- An internal dispute resolution system.
An internal dispute resolution system serves as a guideline for managers and employees to resolve their disputes, and helps resolve conflict at an early stage. The system can be as simple as making employees aware that mediation is available when conflict rises to a certain level, which will be paid for by the company. The system can include a step-by-step graduated process that starts with "open-door" to the immediate manager, steps up to Human Resources, then to mediation, and, ultimately, to binding arbitration.
- Mediation of workplace conflict with a qualified, professional employment mediator
A trained, qualified and experienced conflict resolution professional provides needed skills to assist in resolving those “tough” conflicts before they disrupt the workplace, or escalate into major employment liability exposure. With the assistance of a qualified employment mediator, most conflicts can be resolved in just a few days.
For more information, or to arrange for a customized internal dispute resolution system for your organization, contact us.
8170 N. 86th Place, Suite 105
Scottsdale, AZ 85258
|Insight Mediation resolves your conflict - When it counts|