Considered by many scholars to be the most comprehensive source on mediation, Christopher W. Moore in The Mediation Process describes the steps to active listening in the following manner.
First, the mediator must listen to what the party is saying and determine the emotion the party is feeling. Is it frustration? Anger? Fear?
Second, select…
Likely the most important skill for a neutral to possess when trying to resolve a workplace dispute, or any dispute for that matter, is the ability to actively listen. While it might be logical to conclude that speaking and listening equally share the communication spotlight, this is not the case. Recent U.S. Department of Labor…
There can be little doubt as to the popularity and effectiveness of alternative dispute resolution (ADR) when dealing with workers’ compensation claims. The uncertainty, expense, and time involved necessitates that most claims get resolved through mediation outside of an administrative hearing and likely appeal through the court system.
Through my years of practice, I have…
Preparing a workplace dispute resolution policy is not difficult, but it does require some thought by the employer and HR professional.
First and foremost, there needs to be some thought put into the decision regarding whether to even have such a policy. The primary motivating factor for nearly all employers is the time and cost…
My role as a “neutral”, to use the official jargon, necessitates that I am balanced in order to resolve conflict in the workplace and elsewhere. Some may joke that I am far from balanced, however, I take pride in my ability to be balanced when it comes to the subject of mediation or other forms…
I am sure that everyone has heard some version of the quote, “Rules are made to be broken.” As an attorney, this makes me cringe. Often times when I am reviewing a file or talking to an employer I note that there is a handbook, manual, policy or other form of rules reduced to writing.
Thirty plus years of employment and worker’s compensation practice has exposed me to thousands of personnel files and interviews, not to mention my experience with what could easily be twice that many management-level employees. Those that manage employees or those charged with the responsibility of managing the business’ worker’s compensation claims routinely make four common…
While mediation is more of an art than a science, there are a few things to consider that may increase the chances of a successful mediation of an employment claim.
First, mediation should be attempted after sufficient information has been exchanged for both parties to get an idea regarding the strengths and weaknesses of their…
Mediation has proven to be a very successful way for parties to resolve employment and workers’ compensation disputes for a variety of reasons, not the least of which is getting the parties together at a designated place and time to work towards a resolution. Mediation is a relatively inexpensive way to get the unbiased opinion…
Anyone who has ever been employed has experienced workplace conflict. The conflict referred to need not be related to job performance but can include personal behaviors or idiosyncrasies. Ranging from the petty to the most severe, conflict exists in every workplace setting. Some conflict within an organization is healthy – legitimate differing views on how
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