legal words
Key Strategies for a
Successful Mediation
PROPER PREPARATION AND EFFECTIVE MANAGEMENT ARE INSTRUMENTAL
Mediation of a wrongful dis-missal
action or a human
rights complaint has to reflect
the long-term human resourc-es
strategy.
If the long-term HR strategy is to “win
every fight,” that approach must be reflect-ed
in the mediation process – low offers,
minimal incremental moves to a finite
bottom line, isolation of authority and
rights-based positional narratives.
If, however, the long-term HR strate-gy
is to improve relations with employees
and maintain an image as a progressive
employer, that approach must be reflected
in every move throughout the mediation
– active listening for mutually valuable in-terests
and needs, creative generation of
options and mutual problem solving.
When each stage in mediation reflects
the long-term goal, as determined and ar-ticulated
by the organization’s leadership,
management of the process is “strategic.”
Ask this question: “What is our orga-nization’s
long-term HR strategy?” If you
cannot answer this question, you have
identified a problem. The strategic plan for
HR management is the yardstick against
which one determines strategy and mea-sures
success in each mediation instance.
CONTROL YOUR LAWYER
Communicate the long-term HR strate-gy
to your lawyer. If counsel is managing
your mediation, she must be aware of
your strategic goals, and give them voice at
mediation. If the goal is improvement in
employee relations, it is counterproductive
to let counsel conduct a “winning” media-tion,
so do not leave this option. It is your
HR strategy – and it is your choice.
MEDIATION PREPARATION
REQUIRES ATTENTION
Mediation time is expensive and should
not be squandered hunting down basic data.
Preparation for mediation requires
that basic data be known and analyzed
by those presenting the positions and of-fers.
In wrongful dismissal mediation,
know the T-4 based salary, value of bene-fits,
bonus entitlement, stock entitlement,
pension entitlement and exact length of
By Elaine Newman
ibreakstock/Shutterstock.com
MEDIATION TIME IS EXPENSIVE
AND SHOULD NOT BE SQUANDERED
HUNTING DOWN BASIC DATA.
Contiued on page 17
HRPATODAY.CA ❚ JULY/AUGUST 2016 ❚ 15
