Quais são as melhores formas de equilibrar os interesses do empregado e do empregador na mediação?

Apart from the other ideas already given I believe both sides should listen to each other . Giving the other side a voice will go a long way in mediation . There should be ground rules and objectives and a willingness from both employee and employer to solve the issue . The mediator will then be able to do the required work

Finding a balance between the interests of employees and employers is crucial in mediation. To achieve this, the following steps can be taken: 1. Seek support from the Board of Directors or Director. 2. The HR team can prepare a well-crafted policy for a mediation program. To ensure the success of the program, it is advisable to invite an experienced mediator to train your employees on the benefits of mediation. 3. Create a mediation room within your company premises. Employees can use this room for a maximum of one hour to meditate whenever they feel the need to do so. By following these steps, you can establish a successful mediation program that benefits both employees and employers.

In my experience, people can only come to a negotiated agreement when they are negotiating in good faith, and are transparent.

Ensure both parties are informed about relevant laws, regulations, and policies that pertain to the situation. This can help set realistic expectations and guide discussions toward legally compliant solutions for both parties. Generally, the employee wants financial compensation and a good reference. The employer wants confidentiality maintained and damage control-which may be worth paying for. Win-win situation. Highlight the advantages of coming to a settlement to both parties.

Mediation may take several hours, days, weeks or even months, but you control how long you wish to participate in the process.

You have to know your walk-away numbers and positions - what are you willing to let go of to reach a deal, and what are you not willing to give up. Be honest and clear with your lawyer about your walk away numbers because that is going to guide the entire mediation strategy. Your lawyer should be having these conversations with you ahead of mediation so you have time to think about what you want.

Understanding what drives each party from the outset can help mediators strike a balance in reaching a resolution that satisfies everyone involved. This approach also promotes a collaborative environment where conflicts can be resolved efficiently.

Identifying the needs and interests of both the employer and employee is the cornerstone of reaching an amicable resolution. From my experience in first party property insurance law, I've learned that understanding the underlying interests is crucial. This could be translated to employment mediation by thoroughly analyzing the interests at stake, to establish a common ground.

Wir verlassen meist nicht das Unternehmen, wir verlassen den Vorgesetzten. Hier dürfen wir am Anfang prüfen, welche (unausgesprochenen) Wünsche, Erwartungen und Vorstellungen gibt es, von beiden Seiten? Sind diese auch im Rahmen des Vertrages behandelt worden, oder handelt es sich hier um Vorannahmen, geheime Erwartungen etc.?

In Canadian employment law, it is not common to be in the same room as the other party during mediation, so you can be a bit more expressive with only your lawyer in the room. The mediator will go back and forth between rooms (in person or virtually) conveying positions and offers. But be careful about the impression you are making on the mediator when they are in the room with you. They are trying hard to get a deal done, and building rapport with the mediator by showing them you are there to settle and be reasonable goes a long way to getting them on your side.

Respect and openness are the bedrock of a fruitful mediation. It is paramount that both parties maintain a level of respect and openness to each other’s viewpoints, regardless of their standing in the dispute. This ethos has always served me well in navigating through contentious insurance claims and can be applied similarly in employment mediation.

A creative and collaborative approach in generating options can often lead to mutually beneficial solutions. I often employ a collaborative approach in insurance dispute resolutions, which could be mirrored in employment mediation to ensure that the solutions devised are in the best interests of both parties involved.

Negotiation is an art, and reaching an agreement that serves the interests of both the employer and employee requires a balanced and well-considered approach. My extensive experience in negotiating insurance claims settlements could provide a structured approach to negotiating terms in employment mediation, ensuring fairness and satisfaction on both sides.

Before signing an agreement, you may want to have the terms and conditions reviewed by a lawyer, although it is not mandatory.

Come to the mediation with an open mind and authority from your client. Mediation in good-faith means having a monetary amount and other terms you may be willing to offer.

Understanding of the expectations of both entities so that through mediation, and negotiations, you pursue a win-win outcome. In my view ER provides a platform to diffuse situations and has to drive a balance of both employer and employee interests. In this role of mediation, independence of thought is important while following that laid down policies and legislation.

Bei der Mediation bedarf es in den meisten Fällen einen Profi außerhalb des Unternehmens, der diesen Prozess begleitet. Wird es intern gelöst, gibt es auf jeden Fall einen 100% Verlierer: Die Person, die die Mediation leitet. Im Idealfall erreichen wir, wenn extern begleitet, eine Win-Win Situation. Bringt das Unternehmen jedoch die externe Ressource nicht in die Mediation ein, sondern besetzt intern, haben wir eine Win-Win-Lose oder sogar Win-Lose-Lose Situation.