The Benefits of a Collaborative Approach to Employment Law Disputes

There really has to be a better way ...

Workplace issues have the potential to escalate very quickly.  Disagreements, often based in miscommunication and misunderstanding, can turn into EEOC charges of discrimination, which can transform into lengthy and costly lawsuits.  The workplace issue has now turned into a resource intensive process, requiring significant expenditures of time and money, and yielding a result that often leaves both sides dissatisfied.

Fortunately, this does not have to be your only option.  Collaborative law approaches to employment law disputes present a promising alternative to the traditional litigation model.  Drawing from a legal process model that is currently being used successfully in family law and other areas where an adversarial model does not always yield the best fit, collaborative law allows parties to address their concerns while keeping the focus on the resolution of the dispute. 

The key to a collaborative process is that both parties enter into the process with the same intention: to resolve the dispute without having to resort to the traditional methods of a drawn out administrative investigation and proceeding and/or litigation.  By taking the pressure created by the adversarial system off, the parties can focus on a meaningful resolution.  An agreement to approach the issue through a collaborative process creates the space for a faster, more meaningful resolution that allows the parties to move forward in a much more effective way than litigation.   

And the resolution, and the process that lead to it, can feel more satisfying all around.  By not having to rely on a system where one person is entirely right, and the other is entirely wrong, a collaborative approach allows for both parties to come to brainstorm solutions that address each party's individual concerns.  This sets the stage for "win-win" resolutions.

A collaborative process can be thought of as a negotiation, where both parties can meet early in the dispute and work to present their cases and negotiate a resolution that makes the most sense.  The collaborative negotiation is also a flexible process.  Parties may be able to come to a resolution as soon as the underlying misunderstanding is addressed or, if both parties decide they need to develop and exchange certain pieces of evidence, such as witness testimony, the parties can negotiate the way this information will be developed and exchanged.  In this way, the parties retain control of the process, and can better work towards resolution in a timely and cost effective manner.

Mediation and facilitated discussions lend themselves perfectly to this collaborative approach to employment law.  When faced with a workplace dispute, an administrative proceeding and litigation is not your only option.  Instead, consider working with a trained conflict resolution professional to engage in a collaborative, resolution-focused process to end the dispute quickly, efficiently and in a manner that best allows everyone to move forward, no arm-wrestling required.