Employment Mediation: Identifying Mutual Solutions

Employment mediation is a controlled procedure whereby a qualified, experienced and independent mediator facilitates communication between parties who are experiencing an employment relationship problem. The role of the professional mediator is to assist the parties with finding an amicable resolution to a potentially harmful business situation. Mutually agreed solutions can result in improved working relationships and productivity levels; when applicable, the negotiation of an exit package when the parties decide that their relationship cannot continue; or the settlement of a dispute that involved potential litigation.

Employment mediation is becoming increasingly commonplace in the work environment and has established itself as the favoured method to address conflict resolutions. With the economy in recession, there has been an increase in unemployment and in the difficulty of finding alternative employment. As a result, experienced employment mediation consultants are experiencing unprecedented demand for their services. Further, Employment legislation is constantly being developed and amended to the point where has become unrealistic for many businesses to keep abreast of the regulatory requirements governing employment relationships. By encouraging positive and constructive communication channels, employment mediation professionals are able to resolve conflicts while maintaining professional and productive working relationships.

The benefits of utilsing the services of employment mediators are numerous; with the government funding the mediation service, it is inexpensive. Because mediators can enter the process of mediation at any stage of the resolution process, they provide the flexibility to accommodate any organisation's business model and operational requirements. Compared with traditional Courts, employment mediation provides an extremely cost effective manner of conflict resolution. It empowers the parties to take control of the mediation process and deal with problems "in-house". Sometimes businesses experience improvement in staff morale and productivity. Basing mediation on mutually beneficial outcomes, professional employment mediation can provide your business with the edge in an increasingly competitive marketplace; where the quality and productivity of employees is often the key difference in providing the competitive edge.

However, not all employment mediation professionals and agencies are created equally. When using private mediators for employment mediation services ensure they have the relevant expertise and experience to deliver the workplace solutions required. Exceptional interpersonal communication and negotiation skills are essential. The ability to empathise with all parties in a constructive and impartial manner, combined with a comprehensive knowledge of employment law distinguish those mediation services that are excellent from those that are average. The time spent finding a reputable mediator will make all the difference.

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The Most Important Aspects Of Employment Law

If you are a new business owner or an existing company looking to employ people for the first time then there are many laws governing employment that you must be aware of. There will be differences in employment law depending upon which country your business operates in but in general these points will apply. Not abiding by these laws can have very serious consequences and can even lead to your business being shut down by the government so it is advisable that you familiarize yourself with them and do everything in your power to comply.

Minimum Wages And Payments

Most countries have a minimum wage that must be paid to workers to comply with the law. In the United States this is currently around seven dollars per hour and it applies to the majority of workers. There are some exceptions to this and these include executive, administrative and professional employees, commission only sales workers and teachers and professors. You need to check with the government whether the positions that you want to fill are covered by the law or exempt from it. Payments for overtime worked are also governed by this law.

Safety In The Workplace

It is the company owner's responsibility to ensure that the safest possible working conditions exist for their employees. Failure to do this could lead to heavy prosecution especially if an employee is injured due to the employer's negligence in this area. There have been many cases where businesses have been closed due to violation of safety laws. It is mainly common sense and is not onerous to implement. Providing protective clothing, fire extinguishers and proper fire exits, using signs to indicate hazardous areas or spillages and the storage of dangerous materials or items are a few of the common safety requirements.

Discrimination

There should be absolutely no discrimination against people in the workplace based on their gender, race, their country of origin or if they have disabilities of any kind. This also applies to job interviews before a person actually becomes employed by the company. An interview should be based solely on the person's abilities and specialized knowledge that is required to perform the work and no discriminatory factors based on them as a person should be taken into consideration. Once a person is employed they should be provided equal opportunity in terms of wages, hours of work, type of work to be undertaken and advancement within the company.

Company Handbook

Although not required by law in most countries, a handbook which details what is expected of employees in terms of conduct, hours of attendance, pay and conditions, company procedures and safety will be viewed as a very positive step by the authorities. It is important that all workers are clear on what their responsibilities are and also can see the steps that the company are taking to ensure their safety and offer them equal opportunities in their workplace.

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