Mediate or Arbitrate?
Although the employee claiming job discrimination has a strong background in her field with years of experience, her people skills are lacking. As a supervisor, you felt that she was missing the leadership qualities needed for the promotion and chose another candidate based on her experience
and her leadership qualities.
You've tried talking with the disgruntled employee, but she can't get past her anger. She is ruining the morale of your department and you need to do something--and something effective. You've heard about mediation and arbitration but have never used either.
Employers are encouraged to resolve job discrimination disputes through settlement negotiations, mediation and arbitration. During negotiations, participation is voluntary between the employer and the employee, and there is not a third party facilitating the process or offering a resolution. When negotiations fail, employers should consider mediation.
During mediation, a neutral expert, the mediator, helps the employer and employee reach a voluntary resolution. With mediation:
- A mediator facilitates the process but does not impose judgement or resolutions
- Parties have an opportunity to explain and discuss their views and opinions
- Respectful listening and communication are encouraged
- All discussions are confidential
- The goal is to reach a mutually agreed-upon solution without going to court
- Parties still have the option of legal action if an agreement cannot be reached
Arbitration takes the resolution process to the next step. In arbitration, a neutral expert, the arbitrator, makes either an advisory recommendation or a binding decision that can be enforced in court. While mediation can serve to resolve many issues, arbitration can have the added impact of legal backing through a court-enforced decision.
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