Is Mediation the Right Way to Resolve your Commercial Dispute?

Litigation costs combined with the typical duration it takes for a commercial dispute to arrive at a solution compels parties to opt for more efficient and cost-effective alternatives. Mediation, according to Karen DeSoto, proves to be a viable alternative for commercial dispute resolution. 

What is Mediation? 

In simple words, mediation is a confidential and voluntary process where a neutral third-party or intermediary, chosen by the disputing parties, facilitates a settlement that is agreeable by all. This commercial dispute resolution technique is flexible and confidential, allowing all parties to have complete control over the resolution arrived at. 

Some of the key ground rules that a typical mediation process will follow include – 

• The process is entirely non-binding.

• It is voluntary, and any party has the opportunity to withdraw at any point after the first session has been attended and before the written settlement agreement is executed. 

• The mediator must be impartial and neutral and is in charge of controlling the procedural aspects of the mediation. 

• A business executive will be appointed by each party to represent themselves at the mediation conference. This executive is authorized to negotiate any resolution in the dispute, unless he or she is excused by the mediator. 

• The mediator at no point will transmit information that is received in confidence from either party or third party except when authorized to do so by the party that is sharing the information. 

For businesses looking for a quick and cost-effective commercial resolution, mediation proves to be an effective approach to consider. 

How to Deal with Workplace Sexual Harassment

If you suspect that you are being sexually harassed at work but are not sure how to handle it with the authorities, you are not alone. Here are a few things Karen DeSoto identifies  as things to consider. 

Don’t make the Mistake of Quitting 

It is common for employees to simply quit right after the first incident of harassment occurs. While this is understandable, this means that you may also be giving up your right to harassment claims. If your employer has a policy against this, you must report the incident immediately and give your employer a chance to fix the situation. If you don’t take this step, chances are that you may lose your lawsuit when it comes to it.

Where to Find the Policy? 

Most companies have talk about the policy in the employee handbook, the union contract, written policies or through posters in the lunchroom. Follow the steps as listed and report the incident to the designated individual. If the first person does not help fix the situation, go to the next in command. 

Make sure its Put in Writing 

Even if the policy states that you must call or meet with someone, make sure you have a written record of your complaint. Make note of every advance, comment, inappropriate jokes, texts, emails or any other incident you may have experienced that made you uncomfortable. Make a formal complaint of sexual harassment.

It is common for people to report bullying, harassment or hostile work environments without ever mentioning that it had to do with their gender. While general bully and harassment may not be illegal, the same behaviour for sexual reasons can very much be acted upon. 

During a time of the “me too” movement sexul harrassment is finally no onger being tolerated by companies, and even powerful men in politics, media and entertainment have felt the backlash to inappropriate behavior against women.