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Resolving Employment Disputes Through Mediator Employment New York

By Helen Watson


In the business world, a dispute between a company and one of its employees is not uncommon. In fact, many business owners and managers consider an employment dispute a baptism by fire. How a manager deals with and resolves an employment dispute determines whether he can prove himself worthy of the name and position. Most of the time, it's the employees who will try to file a lawsuit to their employers. This article takes you through mediator employment New York as a means of resolving disputes.

Various kinds of disputes, ranging from wrongful termination claims to sexual harassment claims and unsafe working condition claims, have been brought to the surface. Although they differ in nature, veracity and public perception, one thing is for sure: An improperly resolved claim can quickly turn into a fiasco that could potentially damage the company from a financial and public image.

The present economic recession has brought a lot of employers to either lay off their employee or just closed shops. Thus an increase in the number of labor disputes has become widespread. Litigation is one of the options but could be very costly and time consuming. This dispute resolution approach is becoming the more preferred as it cost less and results can be seen in a much lesser time.

Both sides may need to accept that a true compromise may involve losing some ground to find something that is mutually acceptable. If the dispute is successfully mediated, it can lead to a mutually satisfying outcome, even when things are not how the parties expected.

Litigation not only inspires countersuits which attract attorneys willing to work for a percentage of the settlement but also inflict a bout of bad publicity on the company. These events affect the company in two ways. First is the high cost of the litigation proceedings especially if they drag on far longer than expected. The second is the damage done to the company's public perception which could drive its stock price down.

The process itself gives them control of the mediation proceedings and deal with the problem among themselves and the mediator. Businesses sometimes go through developing the morale and productivity of the staff and if mediation is centered on common beneficial results, then professional employment mediation could offer businesses with the advantage in the aggressive marketplace.

Agreeing to or suggesting mediation sets the tone of the negotiation and can usually dispel punitive attempts to punish a company seen as unresponsive and defensive. By undergoing mediation, the company shows that it seeks to resolve the issue by coming to the table in equal footing with the employee.

Although mediation is not meant to be a cure-all solution to solve employee disputes, it helps a company avoid a financial and public relations nightmare by working hand-in-hand with the disgruntled employee in coming up with a satisfactory resolution. However, both parties privy to the mediation must keep it entirely confidential- Dishonoring this fact can result in a breach of the agreement- which means it may be put on hold or it may be dismissed. In plain terms, it may mean that the employee or employer loses an outcome that's favorable to them.




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