A dispute between an employer and employee can be devastating to a business. Going to court requires a major expenditure of time, energy, and resources. A drawn-out legal battle can disrupt the lives of all concerned, having a substantial negative effect on both the business and the unhappy employee. The Massachusetts Employee Collective Bargaining Law offers grievance mediation services to those in both the public and private sector even if mediation had not been agreed to in advance.
The Litigation Snowball
Resolving the issue with litigation may seem like the logical solution. However, the consequences of taking an issue to court are not always clearly understood. The litigation process can become like a snowball rolling downhill, relentlessly becoming larger with every moment that passes. Stopping the process can become very difficult. By the time that the parties reach the courtroom door and try to reach a last-minute resolution, a substantial financial and emotional price will already have been already paid.
Finding a Solution Through Mediation
It is normally in the interests of both the employer and the current or terminated employee to seek mediation early rather than wait until the dispute has been lingering for months or even years. As time goes on, finding a solution becomes more difficult.
An experienced mediator sits down with the parties to help them find a mutually agreeable resolution. In this non-confrontational setting, it’s much easier for the parties to communicate and look for a solution that meets the needs of both the employer and employee.
Mediation is:
* Non-binding – neither party is legally required to accept any possible solution that the mediator might recommend
* Focused on finding a settlement, but both parties must agree to any settlement and its terms
* The process is confidential.
Types of disputes that can be resolved with mediation include:
* Contractual disputes, such as non-compete agreements
* Wrongful termination
* Harassment
* Discrimination
* Matters involving employee relations.
The Benefits of Mediation
* Avoiding lawsuits
* Less interruption to the workplace
* Less expensive
* Finding an equitable solution reduces the chances of further disputes related to the issue
* Improves relations between management and employees
* Improves employee morale
* Experienced mediators remain third-party neutral, eliminating the appearance of a conflict of interest.
The knowledgeable Labor Law Lawyers Springfield MA at Connor Morneau & Olin are dedicated to protecting the rights of employees and labor organization through arbitration and negotiation or litigation. These Labor Law Lawyers Springfield MA focus on employment and labor matters.
