When we talk about employment disputes, we can say that they happen everywhere in the world – and much more often than we think. However, many of these disputes could be prevented or resolved out of court if we knew how to act and resolve all differences amicably.
We live in a time of great changes – especially in the organization of work and business. Of course, the Covid-19 pandemic had its part in it – so in times of economic crisis and job shortages, we can count on employment disputes in many companies and at different levels. Certainly, the best way to avoid such phenomena is to prevent or resolve existing labor disputes peacefully.
This way, we will preserve harmonious relations within companies – but also prevent the occurrence of major consequences, such as social turbulence, and the like. In recent years, many companies, as well as individuals with disputed employment relationships, are increasingly turning to legal and technical experts to provide legal and technical support in resolving labor disputes – whether they are collective or individual. And what exactly is the role of a mediator in such situations, and why is it useful to have legal aid in the field of labor disputes?
Resolving Employment Disputes: How To Do It?
Conflicts are something we cannot avoid in our daily lives or at work. Sometimes we can overcome them on our own – and sometimes it is simply necessary to react. So, the bottom line is that we should know how to manage conflicts in the right way. Certainly, in the corporate world, it happens that we cannot avoid those big problems – that sometimes have a judicial epilog. That’s why it is far better to find an out-of-court solution to the problem. Namely, a good policy of resolving employment disputes can be extremely helpful in overcoming bad interpersonal relations – as well as employee-company leveled issues. So here are some tips for resolving employment disputes.
Stimulate open and honest communication in the work environment
This means that you need to create a work environment where everyone can feel comfortable enough to say what is bothering them. This way of communication should deepen the relationship between management and employees on all issues – without fear that someone will hold it against them. This type of communication between employees and management should include listening to what they have to say, asking various questions, and giving answers – as well as team problem-solving. Of course, in this way, the trust of employees is deepened – so they will feel more comfortable to contact you if a problem arises. This way, you can prevent any possible conflicts or escalation of the existing ones.
Investigate the nature of the problem
It is always good to hear both sides in any employment dispute. First of all, because you may be able to solve these problems yourself within the company. It is not up to the employer or the employee to prejudge the final situation or the outcome of solving the problem – but each party should express their position and explain the situation from their point of view. Certainly, in such situations, you need to use certain tools – and make sure that you have summarized the statements of both parties. It would be worthwhile to summarize the statements and print them out – and then hand them over to both parties before you start resolving the dispute. Of course, do your internal research in the company regarding the existing conflict situations. Only when you have a good look at all the statements and facts – then you can start looking for a concrete solution to an existing problem.
The necessity of mediation
Given all the above circumstances, the need for mediation in resolving employment disputes is imposed as a necessity. Therefore, it is not surprising that many larger and smaller companies, and even the governments of some countries – have established special programs and coordinating institutions that will help and provide support to the parties involved in labor law disputes.
According to Levitt LLP, the role of mediators, or lawyers in this field – is to help in the process of negotiation and peaceful settlement of employment disputes. Of course, this is a better solution than going to litigation right away – which can take a lot of time and money, and sometimes some factors can be difficult to prove. Therefore, a peaceful solution to the dispute is always the best option.
Set your common goals
When solving inter-collegial, or interpersonal problems in a workplace – it is important to set common goals from the start. The main goal is not to repeat such situations, no matter which part in a dispute was wrong. Analyze all the events that preceded the conflict – and make sure you clarify what the source of the conflict is. Believe it or not, it often happens that after a deeper analysis, we realize that employment disputes have nothing to do with work, discrimination, mobbing, etc. – but that their root is in disturbed interpersonal relations. When you come to the right reason, then you will find it easier to find ways to solve such situations – but also how to prevent them in the future.
Achieving a compromise solution and sharing responsibilities
Whether you do it yourself within the company or you have hired lawyers specializing in employment disputes – such a dispute must be resolved. The first option is to solve the problem within the company – but if this is not possible, legal authorities can be involved in the entire process. Of course, the first option is always better (and cheaper). However, what is mandatory to do at the end of such a procedure – is to make a concrete solution in a written form. Those who manage the employment dispute must conclude how to solve the problem – and this brings a division of responsibilities and obligations for both parties in the dispute. Also, in case one of the parties does not fulfill given obligations, you can point out such possibilities in advance – as well as the possibility of resolving the dispute in court or other, legally approved sanctions that may apply in these cases.
Managing employment disputes has become part of our daily lives. It is certainly better to resolve such issues out of court – because the solution can be reached more quickly, and without additional costs of litigation. If the dispute is such that you cannot resolve it without the presence of lawyers specializing in employment disputes – then you should contact some of them for mediation. Ultimately, the final instance is always the court that will settle the dispute – but it will probably take more time and cost you more.