The protection of individuals against discrimination is the goal of many existing federal and state laws, as well as countless employment dispute resolution programs. While there are overt acts of discrimination, acts of subtle or unconscious discrimination are prevalent and just as damaging. Worse, because these acts are largely unintentional, they usually don’t fall under existing antidiscrimination laws. It is this type of discrimination for which the early use of mediation can be very helpful and effective. The challenge facing our society in the 21st century is not solely identifying and eliminating the blatant or overt forms of discrimination, though it is necessary. Rather, the real challenge facing our society is how to deal effectively, equitably, and fairly with two other forms of discrimination: unconscious discrimination and subtle discrimination. Another equally important challenge is how to deal effectively and fairly with charges that are neither based in discrimination nor wrongful conduct, but nonetheless formed the basis of a grievance.
Mediation is a process in which all parties are engaged in solving the discrimination disputes Baltimore in trying to settle, and has proven to resolve Baltimore employment disputes. In contrast to the litigation process, rather than turning over the power to determine the outcome of the dispute to a trier of fact, mediation allows the parties to retain the power to decide how best to resolve the problem with the assistance of a neutral mediator. In mediation, each party retains the power to accept or reject the settlement or other terms of resolution. The process is designed to be non-adversarial in focus and can be both about “who did what to whom” as well as “where do we go from here”.
Because mediation is a far less adversarial process than traditional litigation and the parties are focusing on problem solving and dialogue, it is often a positive and satisfying process for all participants. Effective mediation of Baltimore employment disputes provides an opportunity for both sides to tell their story. This aspect can be especially important for some parties. Allowing the employee to have a forum to work through the emotional component of the employment dispute helps to get it resolved. Additionally, in cases where the plaintiff is still employed with the defendant during the dispute, successful mediation often allows the parties to move forward with their employment relationship, minimizing the animosity and resentment that so characterizes the litigation process.
For assistance in addressing the discrimination disputes Baltimore is working through, contact Baltimore Mediation today.