Workplace & Commercial Disputes Archives - Baltimore Mediation https://www.baltimoremediation.com/category/workplace-commercial-disputes/ Mediation | Facilitation | Training Thu, 28 Feb 2019 22:34:06 +0000 en-US hourly 1 227460175 We Can’t Avoid Every Conflict at Work — So Here’s How to Get Through It https://www.baltimoremediation.com/cant-avoid-every-conflict-work-heres-get/ Thu, 28 Feb 2019 22:34:06 +0000 https://www.baltimoremediation.com/?p=4052 Conflict is inevitable in life. At some point, something you do will irritate or aggravate someone you live or work with or see socially, and just as equally, you will be irritated and aggravated with someone else. When it’s a family member or friend, you likely can be frank with them, have a conversation, and work it out. It’s not always easy or fun, but there’s a personal element to those relationships that sometimes allows for easier remediation. When it

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conflicts in the workplaceConflict is inevitable in life. At some point, something you do will irritate or aggravate someone you live or work with or see socially, and just as equally, you will be irritated and aggravated with someone else. When it’s a family member or friend, you likely can be frank with them, have a conversation, and work it out. It’s not always easy or fun, but there’s a personal element to those relationships that sometimes allows for easier remediation. When it comes to conflicts in the workplace, however, the path forward isn’t always as clear. Employers in the United States spend a little over two hours every week dealing with conflict — that’s over $350 billion salaried hours that are consumed by conflict, instead of positive productivity. So how can companies remedy this and bring harmony to the workplace and increased productivity as a result?

Solving Conflicts in the Workplace 
Every office is essentially a small space with a lot of personalities who need to work together to achieve results. Even if the majority of the work is largely independent, almost no office can get by without some kind of teamwork, collaboration, and assistance among the employees. Needless to say, workplace disputes can crop up.

It can be something as simple as bad communication, a gossipy work environment, or a disregard for the rules. And it can be as complex as performance issues, workplace discrimination or sexual harassment suits.

Either way, being well versed in conflict management and conflict resolution can go a long way towards solving whatever’s happening in your office. Unfortunately, 60% of employees have never had access to even basic conflict management courses, even though 95% of those who undergo the process say that the training helped them get through workplace conflict in a positive manner and find outcomes that are mutually beneficial to all parties involved.

And it serves the company well — organizations that have taken on conflict resolution training, such as mediation and arbitration, say that they’ve seen a reduction in litigation costs by as much as 50-80%! Plus, it reduces the amount of time managers or other employees need to spend trying to solve the conflict, instead of focusing on their own work.

What Options are There For Resolving Workplace Conflict? 
Workplace mediation and arbitration are two big processes for resolving conflicts in the workplace. With workplace mediation, the parties involved get together with a mediator to talk out their respective points of view about why the dispute is happening, any larger context, and to mutually find solutions together for the issue at hand. It’s a voluntary process and one that’s kept confidential.

With workplace arbitration, claims are submitted to be resolved by a private arbitrator and the decision is made by the arbitrator after the evidence has been presented. The ultimate decision is not a mutual one and may not be satisfactory to one or even both parties. Everything is settled outside of a public court.

How Does Leadership Impact Conflict Resolution? 
Ideally, the leaders at your company lead by example. Facilitating team leaders who are trained in conflict resolution provide a good example for everyone else and by demonstrating their ability to tackle tough subjects, it can empower others to do so as well. And, they’ll likely push for some kind of mediation training, so employees have the skills and knowledge to work through issues together.

Relational leadership can be especially impactful here. There are five main elements to relational leadership — inclusion, empowerment, purposefulness, ethical behaviors, and process orientation. Leaders who practice this style can often head off conflicts because of how they operate, and the way they ask others on their team to work as well.

A good leader should ideally be able to confidently mediate conflicts in the workplace and keep everything working as it should.

Conflicts in the workplace are more or less unavoidable, but knowing how to handle them can make a huge difference in the overall quality of life in your workplace and job satisfaction.

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How To Efficiently Handle Discrimination Disputes In The Workplace https://www.baltimoremediation.com/efficiently-handle-discrimination-disputes-workplace/ Tue, 28 Aug 2018 12:11:16 +0000 https://www.baltimoremediation.com/?p=3891 Employees expect to work in an environment free of discrimination, and employers need to be prepared to mediate any workplace disputes with confidence and ease. In the United States in 2016, there was a total of 91,503 workplace discrimination charges. To effectively handle discrimination disputes, employers need to give each situation the attention it deserves by taking certain steps.

Determine the type of investigation needed

Each workplace conflict is unique and should be treated as such. Employers first need to decide if

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discrimination disputesEmployees expect to work in an environment free of discrimination, and employers need to be prepared to mediate any workplace disputes with confidence and ease. In the United States in 2016, there was a total of 91,503 workplace discrimination charges. To effectively handle discrimination disputes, employers need to give each situation the attention it deserves by taking certain steps.

Determine the type of investigation needed

Each workplace conflict is unique and should be treated as such. Employers first need to decide if the complaint requires a full-scale investigation, or if it can be resolved through less formal, mediated discussions. Employers need to determine if this is a conflict in which there is a timeline of events and list of facts that they have to get to the bottom of, or if it is more about getting the involved people to work together comfortably. Employers should also look at the bigger picture to see if these discrimination disputes are systemic in the company, or if it is a specific and personal issue between two people.

Follow any clear internal procedures

Companies should already have policies and procedures laid out for discrimination disputes, and each employee would have — theoretically — signed them. As this likely falls within HR issues, check with the HR manager about what the company policy dictates and how to follow the standard procedure as closely as possible. At this stage, if it is clear that the dispute needs a formal investigation, the company’s internal or external lawyers should get involved. When they’re involved early, it allows for a more effective investigation process and helps to manage legal risk.

Get to the core of the complaint

As the complaining employee’s emotions may be running high, they may express feeling wronged on practical, emotional, and career levels. The employer needs to really converse with the complainant to identify exactly what they need to investigate and understand what kind of resolution they are looking for. Employers should be wary of promising any outcomes or specific resolutions, as that will only create high expectations for the wronged employee.

Resolve through mediation

If the two people in the conflict feel comfortable sitting with each other, then the employer and HR team should conduct a workplace mediation. This type of informal resolution avoids dragging everyone into court, which can get long, messy, and costly. In mediation, a neutral party will facilitate a discussion between the parties involved, with the goal of coming to a resolution together. The neutral party is typically a trained member of the HR department, or a hired professional. When mediation is not possible or sufficient, the complaining employee can either file a civil lawsuit for damages or file a complaint with the Equal Employment Opportunity Center (EEOC).

Ideally, lawyers and judges do not have to get involved in discrimination disputes, and they can instead be handled internally by effectively following company policies and taking the time to listen to the complaints.

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ADR Program Design Consultation https://www.baltimoremediation.com/adr-program-design-consultation/ Sat, 03 Mar 2012 23:10:29 +0000 https://www.baltimoremediation.com/?p=173 Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. Baltimore Mediation has assisted in and led the design of ADR programs for courts and agencies statewide and nationally.

Alternative Dispute Resolution has greatly

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Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. Baltimore Mediation has assisted in and led the design of ADR programs for courts and agencies statewide and nationally.

Alternative Dispute Resolution has greatly expanded over the last several years to include many areas in addition to arbitration of commercial disputes. Mediation has become an important first step in the dispute resolution process. Arbitrators act as neutral third parties to hear the evidence and decide the case. Mediators, on the other hand, act as neutrals to reconcile the parties’ differences, often successfully replacing the need for arbitration or litigation. Baltimore Mediation can help you design an ADR program tailored to your business needs.

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Negotiation and Dialogue Coaching https://www.baltimoremediation.com/negotiation-and-dialogue-coaching/ Sun, 04 Mar 2012 05:00:16 +0000 https://www.baltimoremediation.com/?p=175 Negotiation consists of our ability to understand other parties’ interests or needs, to be willing to ask questions and clarify issues, and to invite criticism, take risks, and determine standards to measure options. Baltimore Mediation’s mediators will help you reach fair agreements that will hold up over time, and help to preserve current and future family or business relationships.

Negotiation and dialogue coaching is used between mediation sessions to support each party in formulating proposals and identifying strategies to meet their

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Negotiation consists of our ability to understand other parties’ interests or needs, to be willing to ask questions and clarify issues, and to invite criticism, take risks, and determine standards to measure options. Baltimore Mediation’s mediators will help you reach fair agreements that will hold up over time, and help to preserve current and future family or business relationships.

Negotiation and dialogue coaching is used between mediation sessions to support each party in formulating proposals and identifying strategies to meet their own and the other party’s needs. When individual rights and interests are in conflict, both sides must be able to clearly articulate proposals and look for solutions that fulfill everyone’s needs.

Many parties choose mediation in order to prevent further damage to what pre-existing relationship exists. Despite the best of intentions, parties often still have emotional ties (especially in family) and investments (as in business) in each other, which make the task of negotiating particularly challenging. Baltimore Mediation can coach you through these difficult situations, providing you with skills that will last a lifetime.

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Public Policy Conflicts https://www.baltimoremediation.com/public-policy-conflicts/ Sat, 03 Mar 2012 08:00:59 +0000 https://www.baltimoremediation.com/?p=169 Mediation is often thought of in terms of the resolution of disputes between two private parties, maybe three. However, a mediator can help in a great many situations involving large numbers of parties, and great issues of public importance, particularly before legal action is taken. The mediation of multi-party, multi-issue disputes at the local level such as battles over the design and location of public facilities, the setting of policy priorities, and the specification of health and safety standards, can

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Mediation is often thought of in terms of the resolution of disputes between two private parties, maybe three. However, a mediator can help in a great many situations involving large numbers of parties, and great issues of public importance, particularly before legal action is taken. The mediation of multi-party, multi-issue disputes at the local level such as battles over the design and location of public facilities, the setting of policy priorities, and the specification of health and safety standards, can be particularly effective. Multi-stakeholder dialogues at the state, national, and even international levels can also be mediated to great advantage – producing fairer, more efficient, more stable, and wiser outcomes. Baltimore Mediation has expertise in such facilitations.

The requirements for successful mediation of multi-party, multi-issue disputes, particularly in the public-policy arena, are somewhat different from the usual prerequisites for successful mediation of two-party disputes.

In public dispute resolution, the agenda of issues is not limited to what can be litigated or what the court would find relevant. Any and all issues can be linked in the world of politics and public affairs. In public dispute resolution, the product of a multi-party dialogue, even one that extends over several years is almost always an informal, non-binding agreement.

The mediator in a public policy dispute resolution effort is often expected to convince the parties to come to the table, to help them structure a “work program” and ground rules to guide their interactions, and to broker agreement when it becomes too difficult to bring large numbers of parties together in a public forum.

Similarly, the mediator is usually the one who drafts the agreement, presents it to the public, monitors its implementation, and helps the parties reconvene if someone suspects someone else of non-compliance. call upon Baltimore Mediation’s team to assist you in such matters.

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Civil Ligitation Baltimore https://www.baltimoremediation.com/civl-litigation-lawsuits/ Sat, 03 Mar 2012 07:00:37 +0000 https://www.baltimoremediation.com/?p=165 Mediation for disputes involving civil litigation Baltimore is a necessary consideration before traditional court intervention. The direct connection between the parties and proceeding to the problem solving process creates greater efficiency. Solving the problem decreases transaction costs as well as delays in the judicial system, and the public perception of our legal system as well as the mediation participants view of their lawyers are all enhanced when working with a mediator from Baltimore Mediation.

Mediation is more efficient avenue for civil

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Mediation for disputes involving civil litigation Baltimore is a necessary consideration before traditional court intervention. The direct connection between the parties and proceeding to the problem solving process creates greater efficiency. Solving the problem decreases transaction costs as well as delays in the judicial system, and the public perception of our legal system as well as the mediation participants view of their lawyers are all enhanced when working with a mediator from Baltimore Mediation.

Mediation is more efficient avenue for civil litigation Baltimore because the outcome of any mediation is controlled by those who have the most complete view of the case: the parties themselves. They are inevitably the ones best equipped to solve the problems created by the situation. The parties control how they wish to state their own view of the matters, and the mediator creates a safe environment in which to do so. Eliminating the restrictions of formal rules, the mediator encourages an open dialogue that focuses on the forces that have brought the parties in to dispute in the first place. In doing so, the mediator is a catalyst for initiating mutually acceptable solutions.

The mediation process is completely confidential, and any information discussed in a private session cannot be revealed to the other party with out permission. The mediator often serves as a sounding board so that parties can have an opportunity to ‘vent’ or release thought and feeling that have contributed to the dispute. An example of this is a mediation involving a wrongful death action. Both sides agreed to mediation as a last measure before engaging in costly expert depositions. When the wife of the decedent finally got her chance to talk to the mediator and the other side, including the attorney and insurance adjuster, about her deceased husband, and express the grieving she felt over his death, the case took on a different posture. It was as if a weight had been lifted from her shoulders, and she could finally accept the fact that that her husband was gone and the only way the justice system could deal with the problem was a monetary payment. After some discussion with the mediator, the case settled in less than four hours. If you find yourself in a similar situation, rely on Baltimore Mediation to assist you.

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Community Association Conflicts https://www.baltimoremediation.com/community-association-conflicts/ Sat, 03 Mar 2012 06:00:39 +0000 https://www.baltimoremediation.com/?p=163 Mediation is often thought of in terms of the resolution of disputes between two private parties, maybe three. However, a mediator can help in a great many situations involving large numbers of parties, and great issues of public importance, particularly before legal action is taken. The mediation of multi-party, multi-issue disputes at the local level such as battles over the design and location of public facilities, the setting of policy priorities, and the specification of health and safety standards, can

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Mediation is often thought of in terms of the resolution of disputes between two private parties, maybe three. However, a mediator can help in a great many situations involving large numbers of parties, and great issues of public importance, particularly before legal action is taken. The mediation of multi-party, multi-issue disputes at the local level such as battles over the design and location of public facilities, the setting of policy priorities, and the specification of health and safety standards, can be particularly effective. Multi-stakeholder dialogues at the state, national, and even international levels can also be mediated to great advantage – producing fairer, more efficient, more stable, and wiser outcomes. Baltimore Mediation has expertise in such facilitations.

The requirements for successful mediation of multi-party, multi-issue disputes, particularly in the public-policy arena, are somewhat different from the usual prerequisites for successful mediation of two-party disputes.

In public dispute resolution, the agenda of issues is not limited to what can be litigated or what the court would find relevant. Any and all issues can be linked in the world of politics and public affairs. In public dispute resolution, the product of a multi-party dialogue, even one that extends over several years is almost always an informal, non-binding agreement.

The mediator in a public policy dispute resolution effort is often expected to convince the parties to come to the table, to help them structure a “work program” and ground rules to guide their interactions, and to broker agreement when it becomes too difficult to bring large numbers of parties together in a public forum.

Similarly, the mediator is usually the one who drafts the agreement, presents it to the public, monitors its implementation, and helps the parties reconvene if someone suspects someone else of non-compliance. Call upon Baltimore Mediation’s team to assist you in such matters.

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GSA Approved Contractor https://www.baltimoremediation.com/gsa-approved-contractor/ Sat, 03 Mar 2012 03:11:07 +0000 https://www.baltimoremediation.com/?p=136 GSA Approved Contractor

Baltimore Mediation is now a GSA approved contractor for the following two schedules:

Mission Oriented Business Integrated Services (MOBIS) (click here for contractor catalog)

Contract Number:
GS-10F-0141V

SIN(s):
874-1 Consulting Services, 874-2 Facilitation Services

 

Human Resources & Equal Employment Opportunity Services (click here for contractor catalog)

Contract Number:
GS-02-F0089V

SIN:
595-25

Services:
Mediation, Facilitation, Trainings

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GSA Approved Contractor

Baltimore Mediation is now a GSA approved contractor for the following two schedules:

Mission Oriented Business Integrated Services (MOBIS) (click here for contractor catalog)

Contract Number: GS-10F-0141V
SIN(s): 874-1 Consulting Services, 874-2 Facilitation Services
 

Human Resources & Equal Employment Opportunity Services (click here for contractor catalog)

Contract Number: GS-02-F0089V
SIN: 595-25
Services: Mediation, Facilitation, Trainings

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Executives and Partners Conflicts https://www.baltimoremediation.com/executives-and-partners-conflicts/ Sat, 03 Mar 2012 05:00:04 +0000 https://www.baltimoremediation.com/?p=117 Whether involving two executives or multiple partners, mediation is often used when an event or series of interactions over time occur which create stress or conflict in the working business relationship. It may be the fee formula, the reimbursement structure, handling of a certain client, new business matters previously unanticipated, a change in a business plan, a change in staffing, a personal crisis for one of the professionals or a clash of personalities. It may also be a group of

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Whether involving two executives or multiple partners, mediation is often used when an event or series of interactions over time occur which create stress or conflict in the working business relationship. It may be the fee formula, the reimbursement structure, handling of a certain client, new business matters previously unanticipated, a change in a business plan, a change in staffing, a personal crisis for one of the professionals or a clash of personalities. It may also be a group of partners or executives with strong conflicting views who need to make workable decisions and at the same time maintain morale and cohesiveness.

Example: A CEO and a CEO of an affiliate do not get along and board meetings have become strained for all members.

Example: One business partner is concerned about the way the other partner is handling growing production needs, and their discussions to date have not been satisfactory for either.

Example: Three business partners own the company and a fourth partner is being considered but the relationship between two of the partners has become strained over the issue and no one is discussing it.

Example: One executive in the company is becoming a liability for the others due to his excessive drinking and a what others believe is an affair with a secretary.

Example: The partnership retreat is coming up and most are not looking forward to it because there are strained working relationships between the executives and the senior managers, or between the partners.

Mediation for executives, partners or for other professionals is typically requested by one of the owners, a financial officer or by one of the management team members who recognizes the negative interactions or potentially corrosive nature of the situation. Mediation in a business setting is a confidential, facilitated process for discussion in which the participants are encouraged to be direct about their views, barriers and possible solutions as well as are encouraged to make decisions appropriate for the situation. Mediation outcomes may include the working through personal differences or styles between business partners or executives who still need to work together for the good of the organization or may be about serious discussion and decisions about policy decisions or may be about making decisions about no longer working together and how to part with fairness and integrity. Many Baltimore Mediation clients also choose mediation for those matters where there may not necessarily be a “dispute” but where there are divergent opinions being expressed or where there is not the opportunity for such expression and the business desires to create a safe venue where such ideas and views can be heard.

Many partners, CFO’s and CEO’s are finding that mediation is not only a cost effective alternative, but is a refreshing and preferred choice. Addressing business conflicts directly improves business morale and productivity. Baltimore Mediation mediators provide a strong neutral presence in a supportive setting where various viewpoints are facilitated and explored. Baltimore Mediation mediators also have in depth training and experience in mediating business and executive disputes as well as backgrounds in legal transactions, human resources, counseling, and business management. See also Workplace disputes.

For those matters which may lead to potential litigation, business partners, owners, or financial, legal or executive officers may contact Baltimore Mediation to arrange for mediation when they want to avoid the economic and psychological costs of potential and actual litigation. Litigation may include all varieties of partnership disputes, all of which have aspects of the claims which are suitable for mediation. Agreements can be partial or total, with present and future terms, as decided by the parties; mediated settlements can be drafted and accompanied by full releases. See also Contract disputes.

Baltimore Mediation also provides some of the highest quality conflict resolution training for business partners, executives and staff in how to handle future conflicts in responsive ways that increases the quality of working relationships, thereby lowering working dissatisfaction and unresolved conflict. See also Customized trainings.

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Faculty Conflicts https://www.baltimoremediation.com/faculty-conflicts/ Sat, 03 Mar 2012 04:00:26 +0000 https://www.baltimoremediation.com/?p=119 As a dean, department chair, Headmaster or Headmistress or faculty member or teacher, you may contact Baltimore Mediation for those conflicts that arise between faculty, between departments or which have been festering for years and have gone unaddressed. Mediation is an alternative that is private, confidential and focused on quality dialogue and informed decision making.

Example: A faculty member is up for tenure and has complained that she is being discriminated against in the selection process.

Example: For years there have been

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As a dean, department chair, Headmaster or Headmistress or faculty member or teacher, you may contact Baltimore Mediation for those conflicts that arise between faculty, between departments or which have been festering for years and have gone unaddressed. Mediation is an alternative that is private, confidential and focused on quality dialogue and informed decision making.

Example: A faculty member is up for tenure and has complained that she is being discriminated against in the selection process.

Example: For years there have been rumors about a faculty member. A student just reported an incident with the faculty member that may confirm the rumors, but the report was made in confidence.

Example: The chair of a department has a clash with the administration over resource allocation and general respect issues. There may be racial concerns as well.

Example: Two teachers who have been asked to work together are not working well together and others are aware of the tension and they have to finish out the semester together at the very least.

Example: An assistant coach believes the methods used by the head coach are inappropriate and out of line; others have quietly commented about it as well.

Whether there are strong conflicting views or topics are only whispered in the halls or behind closed doors, mediation with a Baltimore Mediation mediator provides an ideal forum for addressing the situation in a healthy and responsive way. It is a smart choice for schools and a responsive choice towards faculty. Mediation outcomes may include the working through personal differences or styles between faculty members who still need to work together for the good of the institution and the students whom they influence or may be about serious discussion and decisions about tenure and other policy decisions or may be about making decisions about no longer working in the same department or the same institution and how to part with fairness and integrity for all.

Many deans, department chairs, Board members of academic institutions, faculty and teachers are finding that mediation is not only a cost effective alternative, but is a refreshing and preferred choice. Addressing faculty and administration conflicts directly improves educational quality inside and outside the classroom. Baltimore Mediation mediators provide a strong neutral presence in a supportive setting where various viewpoints are facilitated and explored. Baltimore Mediation mediators also have in depth training and experience in mediating faculty, school and higher education disputes as well as backgrounds in legal transactions, human resources, counseling, education and employment matters. See also workplace disputes.

For those matters which may lead to potential litigation, deans, department chairs, Board members of academic institutions, faculty and teachers may contact Baltimore Mediation to arrange for mediation when they want to avoid the economic and psychological costs of potential and actual litigation. Litigation may include all varieties of faculty, workplace and higher education disputes, all of which have aspects of the claims which are suitable for mediation. Agreements can be partial or total, with present and future terms, as decided by the parties; mediated settlements can be drafted and accompanied by full releases. Agreements and settlements can be public or kept confidential. See also contract disputes.

Baltimore Mediation also provides some of the highest quality conflict resolution training for faculty and staff in how to handle future conflicts in responsive ways that increases the quality of working relationships, thereby lowering employee dissatisfaction and unresolved conflict. See customized trainings.

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