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The concept of sexual harassment is not unknown to most people, although the definition or description of what constitutes sexual harassment can vary widely from person to person, and to some extent personal perception is an important aspect to consider when addressing this issue.
HR professionals have to be at the ready to not only respond to sexual harassment allegations but also actively engage to prevent harassment from occurring. (more…)
In December 2009, The Virginian-Pilot published an article about an assault on a family, the Bristols. According to court records one night in 2009 Kevin Webb, then 17 years old, and his older brother Brian went to the house of schoolmate Patrick Bristol and assaulted both he and his 53 year old father, Robert.
The police were called and both Kevin and Brian were charged as adults. Kevin’s charges were malicious wounding, assault and trespassing. (more…)
Employers and human resource personnel often find themselves trying to reasonably accommodate the needs of disabled employees under the Americans with Disabilities Act (ADA).
Unfortunately, for many employers, the concept of ADA accommodation can be a controversial topic. (more…)
Mediation, as a viable form of conflict resolution, has gotten more attention over the years. However, many remain unaware of the scope of conflicts that can be effectively effectively mediated. Mediation is an appropriate initial means of intervention for most conflicts.
In general anything that can be litigated can be mediated – including small claims disputes, divorce and custody issues, workplace disputes, business and professional conflicts, etc.
Mediation is an optimal means (more…)
By their very nature, family owned and operated businesses are breeding grounds for conflict. Problems arise in the fact that, in many instances, the business brings together several family units and spans multiple generations. Having just gone through the holiday season, the memories are sharp of frustrating family politics and conflicting viewpoints. While these may result in some uncomfortable moments during the holiday family meal, these same issues can result in tremendous problems and obstacles in the business setting. Additionally, because it is “family”, those involved are often reluctant to acknowledge that any issues the business may be having might be due to family related strife – they are unwilling to identify this day-to-day behavior as conflict. But, it is indeed conflict, and need not be accepted. Rather, it can be mediated with the help of a neutral mediator, who can help sort out these issues and help everyone put the business’s interests first. (more…)
The National Labor Relations Board has made an interesting ruling in a case where an employee alleges that she was fired due to criticizing her supervising on her personal Facebook account.
According to The New York Times article, the employee “discussed” her frustration with her supervisor with other employees on her personal Facebook account. (more…)
No matter what type of conflict you are facing, being prepared is the key to getting the most out of the mediation process.
Whether you are looking at divorce, a business dispute, personal injury, or any of the other myriad of conflicts that are ripe for mediation, the first step you should take – and the most important question you should ask – is, “what is it that I truly want?” Going into the mediation session with this question answered can help you slice through all the extraneous issues and lend to making your mediation the most effective tool it can be to get you to a resolution.
Another good way to get ready for your mediation is to do a little research. The internet can bring the knowledge of the world right to your desktop; take advantage of this resource to verse yourself in things like the mediation process, what to expect in your situation, and the vocabulary generally used in your dispute. A little time spent making yourself comfortable in the topic area of your conflict will pay off in making you more confident at the mediation – it will also help you narrow your focus on the outcome you truly seek.
Along with doing some general research to prepare yourself, also do your homework on your own emotional positions. Set a goal for what you want to accomplish and go into the mediation knowing what you want, and more importantly, why you want it. If possible, try to talk to others who have gone through the process, use what worked for them and their experiences to help formulate that demands and goals you will approach the mediation with. Access some conflict coaching to better understand your interests versus your emotional positions.
Being prepared also helps you go into the mediation in a interest-based “thinking mode”, rather than an emotional “reactive mode”. The difference between thinking and reacting is that when one is thinking – their contemplative self is assessing the situation and evaluating options in order to reach a feasible outcome. Contrariwise, reacting is an emotional response when one is not prepared. When our emotional core reacts spontaneously to information, especially if that information is stress inducing or unpalatable, the outcome is generally rash and often over-the-top. These emotional reactions is just the opposite of what lends to an effective mediation. Preparing beforehand allows you to sit down at the mediation table having thought out the different sides or facets of the conflict – and with a goal in mind, avoid emotional reactions that can jeopardize the success of the mediation.
Take the time to be prepared for your mediation. You have made a good choice in deciding to take your dispute the mediation route, and will give your conflict the greatest chance of being swiftly resolved when you come to the table with a little preparation.
Additional Reading:
Of all personal injury type cases, medical malpractice cases can be the most expensive and time consuming to take to trial. The litigation process in medical malpractice matters call for extensive record review and the opinions and testimony of expensive medical experts. In an effort to bring a speedier and more cost-effective resolution to medical malpractice claims, Connecticut has passed a statute requiring that all medical malpractice cases be referred to a 120 day mediation period.
Under Connecticut’s program, the presiding judge in a medical malpractice matter would conduct the first mediation. If the case failed to be resolved at this initial session, the parties could then agree to continue the mediation process. The stated purpose for Connecticut’s programs is to achieve a prompt settlement or resolution of the civil action.
Connecticut’s push for mediation of medical malpractice claims is a concept that can be applied everywhere. The goal of mediation in general is to provide parties with a forum to move ahead with prompt and amicable settlement of their disputes; without incurring the deep expense traditional litigation tends to generate.
Instead of the protracted journey that a medical malpractice claim can be, complete with lengthy and expensive depositions of expert witnesses, and extensive document review, consider mediation up front. Bringing all the parties to the table, with the assistance of a neutral mediator, can result in a swift outcome. Once the parties become engaged in a discussion of the bare facts of their dispute, a solution often becomes clear. Reaching this point at the beginning of a dispute, rather than waiting until the drawn-out litigation process has begun, can result in the parties resolving the claim with a result everyone involved can feel positive about and with a substantial cost savings.
Although the oil spill has been contained, the effects continue for the Gulf Coast residents. Kenneth Feinberg was appointed weeks ago to mediate the claims process, however issues are far from resolved. CBS News reports:
When Feinberg took over the claims process three weeks ago he promised checks to individuals in 48 hours, businesses in seven days.
Before Feinberg took over, BP paid out $395 million. In the past three weeks, Feinberg has paid $185 million. Of the 60,000 claims before him, half are still being processed despite his promises of a quick resolution. Only 16,000 have been paid. Fourteen-thousand have insufficient paperwork to back them up.
Although Feinberg was appointed as the “mediator” to resolve claims related to the BP oil spill and administer the $20 billion fund set up by BP to cover losses, his role appears to much more that of “claims adjuster” as opposed to a mediator.
Mediation is neutral, voluntary, confidential, and transparent. A mediator must be chosen by the participants if mediation is to be successful – otherwise mediation does not occur.
Claims adjusters are not mediators. Although Feinberg is not an employee of BP, he has been charged with determining how and when the $20 billion is settled among those who experienced a loss as a result of the oil spill; his role seems far more aligned with a claims adjuster than with a mediator.
A comprehensive mediation program allows for the claimants and the BP adjusters to meet with a mutually chosen mediator who can facilitate a resolution to the claim that makes sense to both sides.
Additional Information:
You have gone through the trauma of being in a car accident. Your car – likely one of the most expensive items you own is damaged, or worse, totaled. Thankfully you have insurance to cover the damages and get you back on the road – little worse for wear. Unfortunately, after the insurance company adjuster visits your home or the auto body shop to evaluate your vehicle, the payout might be significantly less than you expected.
While this result is certainly frustrating, it should not be wholly unexpected. The adjuster who visits on behalf of your insurance company is actually an insurance company employee whose job is to give you a “fair” amount, but by no means the “maximum”. Adjusters use complicated formulas and charts such as depreciation schedules and replacement value versus book value to arrive at their final figures. This valuation does not always measure up to the real-world costs incurred to repair or replace your vehicle. This number is not what you expected when you insured your vehicle.
You are not stuck with this calculation; your contract with the insurance company offers you the right to dispute your claim’s valuation. The first step is an important one: examine your policy closely as there is almost always a rigid time frame during which you may file a claim dispute. In making your request to dispute a claim, you should choose mediation; this will allow you a neutral forum where your valuation will be fairly assessed.
Choosing mediation brings both you and the insurance company to the table in front a neural party. With CFR Mediation, that neutral party will be a CFR Certified Mediator. This mediator is not directly related to you or the insurance company and will be able to take all the facts and help guide both sides through the dispute to a fair outcome of their own design.
