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Tag: Employment

Employment Mediation: How Long Does It Take?

{4 minutes to read}  This is the third of four blog posts about how long a mediation should be expected to take. Spoiler alert: The answer for each is “It Depends.” The first two blogs addressed commercial and divorce mediations. This one will address employment mediations.

Employment Mediation-How Long Does It Take by Gary ShafferEmployment mediations often have something in common with divorce mediations. The parties have had an ongoing relationship that has fizzled. There is almost always anger and resentment from the plaintiff/former employee, and even from the employer, who typically feels its actions were justified. Think of the spouse who initiates the divorce as the employer and the spouse who wants to remain married as the employee. Like marriages, employers and employees often stay connected even after the relationship has soured.

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Employment Mediation — If Not Now, When?

{3:30 minutes to read}  I recently had a conversation with two attorneys in an employment matter that came my way through a court annexed mediation program that automatically sends all employment cases to mediation.

I have written before about the benefits ofGary P. Shaffer - Employment Mediation - If Not Now, When?mandatory mediation,” which until somewhat recently was often thought of as an oxymoron. One axiom of mediation has been that the parties are in charge of the process, including the decision whether or not to mediate. However, it turns out this theory has some flaws. The most serious is that many litigants would love to try to resolve their cases early on, but don’t want to make the first move in suggesting mediation for fear it will be a sign of weakness.

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Easier Said Than Done

Easier Said Than Done by Gary Shaffer{2:54 minutes to read} I recently came across an Employee Handbook for a large metropolitan hospital. The handbook is relatively short, only 24 pages. It gives all sorts of information about benefits, professional development, direct deposit of paychecks, equal opportunity, employee health services, etc. There is also a brief, two-paragraph section on Grievance Procedures, where it says:

The hospital strives to be consistent and fair in its labor relations and pursues the development of sound working relationships among supervisors and employees. Usually, issues resulting in a grievance are the result of a misunderstanding and can be resolved through improved communication between management and employees.

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Should Mediation Be Mandatory?

Jurisdictions throughout the country are increasingly establishing mandatory mediation programs. Gary P. Shaffer - Should Mediation be MandatoryAt first glance, “mandatory mediation” would seem to be an oxymoron to the mediation community where “self-determination” is a fundamental tenet of theory and practice, trumpeted for years as one of mediation’s highest goals.

Is forcing people into mediation contrary to a fundamental underpinning of the field and therefore doomed to failure?  If it is, why are more and more jurisdictions adopting mandatory mediation programs? And, most importantly, does mandating mediation work?

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About Us

An honors graduate of Harvard University and the Cardozo Law School of Yeshiva University, where he also served on the Law Review, Gary brings more than 30 years of litigation and negotiation experience to his practice as a mediator. He has successfully negotiated and mediated resolutions in family matters, employment cases, commercial disputes, personal injury cases, and major civil rights matters.

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Phone :- 347.314.2163
Email :- gary@shaffermediation.com