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EMPLOYMENT CONTRACTS

Generally, employment contracts are created to protect the interests of the employer. The employee agrees to the terms and then signs the contract. In many instances, employees do not have lawyers review the contract on their behalf. Later, when performance issues arise, or when there are allegations of a breach and employment termination is apparent, disputes about interpretation of the contract terms are quite common. Disputes about intellectual property, sales territories, ownership of client database are typical.

Mediation affords parties an opportunity to reach a settlement, without the cost of litigation. If an agreement cannot be reached, a second alternative is arbitration, whereby an arbitrator would conduct a hearing and render a decision as to the outcome.

GRIEVANCES, AMERICANS WITH DISABILITIES (ADA) and DISCRIMINATION

Workplace conflicts occur every day. Complaints among employees, performance evaluations, personality conflicts between an employee and a supervisor are examples of common issues. Interpretations by an employee of being mistreated often lead to allegations of discrimination. When ignored, conflicts and miscommunication spiral, thus leading to lost productivity, loss of personnel, and potential lawsuits. This is costly to businesses since recruiting, training and development, and payment of unemployment insurance is one of the highest operational expenses to employers. Lost revenues relating to low morale among employees is yet another cost to businesses.

Employees are a business’ greatest asset; employees can also be a business’ greatest expense. That is why every employer should have a grievance policy and procedures manual. ACCORD provides conflict resolution consulting, mediation, and human resource support in order that employers can focus more on their business. Developing a process that allows employees to feel valued, and that their basic needs are heard and addressed will result in higher retention, greater satisfaction, higher morale and higher productivity.

SEVERANCE NEGOTIATIONS

When an employer is downsizing and having to make difficult decisions about who to let go, the transition is a highly emotional time for both the employer and the individual who is being asked to leave. Fear and concern about accusations and potential lawsuits begin to emerge. Mediation can be useful when parties are negotiating a severance package that is reasonable to both sides.