 |
 |
||||||||
 |
 |
||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
NEWS This Week's Stories Reprints EVENTS Datebook Contests/Awards Submit Your Event LEADS/RESOURCES Book of lists Databases for sale Business Links Guides and directories Business advice CONTACT US READER SERVICES Subscribe Newsstand locations Business Links ADVERTISE Business in Vancouver Guides and directories Commercial real estate Recruitment Advertising CAREERS Listings Find an employee ABOUT US |
|
HOW TO... resolve (or avoid) disputes
Whether it is a compensation disagreement, sexual harassment allegation, or even something as petty as "office envy," disputes in the workplace are commonplace. Often, disputes can be settled without bringing in third parties. But failing to take disputes seriously could be a costly mistake, particularly if disgruntled employees decides to hire a lawyer and settle the matter in court. This is often why disputes are settled on courtroom steps, with the threat of legal costs having been used effectively as a bargaining chip. An alternative to litigation is alternative dispute resolution, using an arbitrator or mediator. Does your situation require mediation or arbitration? It's a judgment call, said Matti Saar, a director of the B.C. Arbitration and Mediation Institute. "You can try to resolve the issue between the parties yourself, but you have to determine the degree of antagonism," he said. If there is any money at stake -- even as little as $5,000 -- arbitration or mediation is a sensible step. "Obviously, if you're dealing with a $37 issue, it makes no sense to use arbitration or mediation," said Saar. He added that arbitration and mediation services can be tailored to your budget; you can decide how much money or time you want to spend attempting to resolve your workplace dispute. When considering arbitration or mediation to resolve a dispute in your company, it's important to first understand the fundamental differences between the two. By using arbitration, you are guaranteed a result, similar to a decision reached in a courtroom. Arbitrators listen to the arguments presented by both parties, and then hand down their decisions. These decisions are not to be taken lightly: in B.C., there is a commercial arbitration statute that reinforces the decisions of arbitrators. Mediation, on the other hand, does not necessarily guarantee a result or a decision, but instead seeks to bring the parties to a resolution or agreement. The mediator is a neutral party who helps those involved in a dispute reach a mutual understanding. Rather than focusing on a decision, mediation focuses on resolving the differences of opinions. If this process fails, arbitration may be the next step. If you have deemed it appropriate to pursue arbitration or mediation, Saar recommends taking a few steps before bringing in the appointed person. First, it is a good idea to have an arbitration or mediation clause in any employee contracts. That ensures that in the event of a dispute, the employee knows that a resolution may involve arbitration or mediation. Second, dedicate one person in your staff to research appropriate people for the task and to get the ball rolling. Many arbitrators or mediators specialize in particular industries or fields, such as real estate or employee practices. The advantages of alternative dispute resolution are many, notes Saar. It can be tailored to your company or situation, can remain a private matter, and is more cost-effective than pursuing resolution in a courtroom. Of course, there are some issues that still have to be pursued through more traditional avenues. These tips can help prevent disputes from arising in the first place:
How to... |
|
|
|
Be
clear about the goals and objectives for your business -- have a
plan. 
|
|