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

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

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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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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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Example:  One business partner has decided to no longer be in partnership with the other; it is a painful situation for both. They know they have to make many decisions about how best to dissolve and to part ways.

Example: Two partners have decided to wind down the business and sell it to a third party. The rights to certain work-product are in question. A potential third party buyer, the son of the partners, has a number of concerns.

Example: Four siblings are co-owners of a business and a beach house, all left to them by their deceased parents. Two have decided they want out of the partnership. The business and the beach house are both valuable properties, but the actual value of each is also in contention.

Mediation is a confidential, facilitated process of discussion and negotiation that allows the participants involved in a conflict or a dispute about a partnership dissolution Baltimore, the opportunity to exchange divergent views, ask questions, and discuss difficult topics with the assistance of a third party neutral mediator as they explore and find mutually acceptable and/or understandable solutions. Additionally, many business partners and families are finding that instead of avoiding discussion of the painful or messy aspects of a partnership dissolution, mediation is a preferred choice with outcomes of quality interaction and greater understanding. And when chosen, parties often find workable resolutions for all concerned. Greater understanding alone lessens what can otherwise be a devastating experience for the partners or family and the generations to follow.

Family business partners and their families who are affected by the partnership dissolution Baltimore has also relied upon Baltimore Mediation for the facilitation of quality dialogue for those matters where there may not necessarily be a “dispute” or the possibility of a different substantive outcome, but where there are divergent opinions being expressed or where there is not the opportunity for such expression within the family otherwise. In such event, these family partnership mediations often involve multiple participants and the outcomes are relief, clarified relationships, lessening of resentment, greater understanding and acceptance and often the reestablishment of good will.

Baltimore Mediation also offers conflict resolution and Enneagram training to families struggling through such difficult business and personal decision making. See customized training and Enneagram workshops.

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Example: A senior manager or executive is experiencing regular undermining by another manager which appears to be negatively affecting how others view the senior manager. The other manager is experiencing a lack of response to her ideas of change in the department. By observations of others, the two do not relate well to each other in department meetings and this is negatively affecting the team morale of the department.

Example: An employee is experiencing routine subtle putdowns by his manager. His manager sees him as a slacker but is afraid to fire him. The employee has filed an informal complaint, or has been to see the HR manager or the president of the company.

Example: The doctors in the department are experiencing greater hospital expectations for less and less autonomy and quality of practice. The hospital administration views the department as arrogant but essential to the functioning of offering quality patient care.

Example: A long term or executive employee has been given notice of a severance to occur at a future date and the terms of a severance package are not agreed upon.

Example: A large organization is having to downsize and would like to have the presence of a mediator to facilitate the discussion and questions about each employee’s job loss or change.

Mediation from this approach provides this process.

Mediation from the transformative approach is popular with employees because it enables them to discuss upsetting situations, difficult circumstances or grievances in an informal setting with a neutral person facilitating conversation that is focused on what is important to the participants and what they see as barriers or potential ways to improve or resolve a conflicted situation. Because the process is informal and is facilitated by a neutral mediator, it is less adversarial than more traditional HR processes or grievance procedures. While mediation is popular among employees, mediation is also favored by managers, HR directors, financial officers and CEO’s who find that mediation is a cost effective alternative to time- consuming and a costly formal grievance processes or legal actions, and, as importantly, quality mediation is a demonstration of responsiveness to employees, colleagues, or valued long term clients. Baltimore Mediation has been honored to provide these quality Baltimore workplace disputes mediation services for hundreds in such situations.

Testimonial:

” This was the best process I have ever experienced, in over 35 years of working with Med Chi Insurance Agency, thanks to Louise’s direction and leadership skills.” – Ron Fisher, CEO, Med Chi Insurance Agency, Inc.

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Example:  You are working with a major marketing firm which has breached its sales and marketing contract.

Example:  Union workers, employed by your organization, seek compensation benefits after your store has suddenly closed.

Example: You own a construction company which is in dispute with various sub-contractors because of the poor quality of work that has become a risk factor.

Example: The residential remodeling contractor you hired fails to rectify the situation involving the incorrectly installed duct system. Therefore, you have refused to pay for the services.

Example: As a Hospital Administrator, you threaten litigation against the health insurer who has refused to pay for services provided to its members.

Baltimore Mediation offers individuals, companies and organizations a wide array of mediation and conflict resolution services that can be provided on site at your business or in a confidential, comfortable off-site setting at our office or another location of your choice. Baltimore Mediation has extensive experience in contractual disputes and civil litigation whether between two or multiple parties.

The transformative approach, where the mediator facilitates quality interaction and exploration of whatever is important to the parties as well as possible solutions, has been proven to be highly successful in bringing clarity and understanding to Baltimore contract disputes, generating creative solutions and helping to maintain important relationships. Upon request, the Baltimore Mediation mediator will draft a summary or the terms of agreement for the parties.

To complement face-to-face mediation of Baltimore contract disputes, Baltimore Mediation offers online dispute resolution (ODR). When parties are geographically distanced, ODR can provide a way to intervene quickly and save costly travel and time expense. Conversations can be synchronous (threaded) or asynchronous (real time) or both, and are conducted through a secure, confidential site with a BMC mediator trained in online dispute resolution. While ODR may not entirely replace face-toface mediation, it can be a powerful tool to help parties begin to understand and prioritize the issues and set an agenda for a face-to-face meeting, maximizing the use of time.

Baltimore Mediation mediators are professionals with extensive backgrounds in human resources, counseling, finance, law, business, civil litigation, tax, and construction. BMC mediators are experienced and specially trained in negotiation, communication and the art of conflict transformation. They know how to handle difficult situations involving alleged breaches of contracts between businesses and individuals.  Our mediators assist with a full understanding of the situation from all sides, thus empowering participants to make informed decisions and create mutually acceptable resolutions. For more information contact Baltimore Mediation.

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Mediation is a process in which all parties are engaged in solving the discrimination disputes Baltimore in trying to settle, and has proven to resolve Baltimore employment disputes. In contrast to the litigation process, rather than turning over the power to determine the outcome of the dispute to a trier of fact, mediation allows the parties to retain the power to decide how best to resolve the problem with the assistance of a neutral mediator. In mediation, each party retains the power to accept or reject the settlement or other terms of resolution. The process is designed to be non-adversarial in focus and can be both about “who did what to whom” as well as “where do we go from here”.

Because mediation is a far less adversarial process than traditional litigation and the parties are focusing on problem solving and dialogue, it is often a positive and satisfying process for all participants. Effective mediation of Baltimore employment disputes provides an opportunity for both sides to tell their story. This aspect can be especially important for some parties. Allowing the employee to have a forum to work through the emotional component of the employment dispute helps to get it resolved. Additionally, in cases where the plaintiff is still employed with the defendant during the dispute, successful mediation often allows the parties to move forward with their employment relationship, minimizing the animosity and resentment that so characterizes the litigation process.

For assistance in addressing the discrimination disputes Baltimore is working through, contact Baltimore Mediation today.

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Situation: The construction company contracted to develop the new site is running six months behind the contract date. The city government, which has approved two prior contract extensions, is threatening to find another contractor.

Situation: The contract has been awarded to begin the development of the site. The community and other environmentalists are beginning to raise questions and it appears the project may be stalled or distracted.

Situation: The project manager and two of the subs often have shouting matches and work is tense on the site.

Situation: As residential developer, you have a twenty year working relationship with your construction company. While construction was completed on time, you received several complaints regarding the quality of work. Two complaints resulted in lawsuits totaling more $500,000. You are in the middle of a third major development project when you learn that the construction company is using the same materials. However, discontinuing the project would result in missed deadlines, breached contracts, and multiple lawsuits.

Baltimore Mediation offers an effective and expedient mediation approach to construction dispute resolution. The mediation is a confidential facilitated process of consensual discussion and negotiation that allows the parties involved in a dispute the opportunity to exchange views and collaborate to find real life and practical solutions. The mediation belongs to the parties who maintain control of the process, the costs and the outcome. Baltimore Mediation mediators creating an environment for full understanding of what all has occurred, it’s impacts and what is needed now. When this occurs, disputes and conflicts get resolved. Businessmen and women interested in productivity and moving projects forward benefit significantly when using the mediation process. Subcontractors as well as professionals entering into partnering agreements have also benefited immensely from the presence of a trained third party neutral who can facilitate meaningful discussions in a confidential setting.

Baltimore Mediation mediators are professionals with extensive backgrounds in real estate, law, contracts, construction both residential and commercial, architecture and management. Baltimore Mediation mediators are experienced and specially trained in contract negotiation, communication and the art of conflict transformation. They know how to handle difficult situations involving groups and individuals. For more information contact the Baltimore Mediation Center. Better Process…Better Outcome.

Also see Contract Disputes.

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Another unique benefit of mediation for hospital disputes is that patients who believe something went wrong in their treatment are given the opportunity to talk to hospital staff and educate them on what went wrong, from the perspective of a patient, and how best to work with patients in the future who are concerned about their treatment.

Mediation for hospital disputes are also extremely cost-efficient. Estimates suggest that mediation can significantly cut the cost of malpractice settlements. The associate counsel and director of patient safety and risk management at University of Pittsburg Medical Center (UPMC) and national expert on hospital mediation estimates that their mediation program saves and average of $50,000 in legal expenses in each case that is mediated rather than tried in court. Baltimore Mediation has experience and expertise in hospital setting disputes and conflicts.

At the heart of these disputes is something far more important: patients who simply want to be acknowledged  and apologized to – not through a statement issued by the hospital, but by the doctor (s) themselves. Mediation provides a safe arena for patients and doctors to talk face-to-face, which can be the greatest comfort to a patient – that their voice was heard. And mediation can provide the only safe forum for the doctor to explain himself or herself fully, express anger or remorse and find closure on an otherwise upsetting situation. Whether patient, physician or counsel, call upon Baltimore Mediation to assist you in these matters.

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