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LEFT BRAIN APPEALS

The Mentor for Collaborative Problem Solving

There are some issues in most employment disputes that need not be resolved through competitive (“win/lose”) negotiation techniques, such as described above.

At least some issues can usually be resolved through the application of “integrative” or “collaborative” approaches that seek ways in which the interests and needs of each party can be accommodated with as little cost to the opposing party as possible.

Where the employment relationship continues to exist, and the parties are seriously attempting to maintain or improve upon it, a mediator will often rely heavily on such “win/win” approaches to bring the parties’ dispute to resolution.

Such approaches are available to a lesser degree where the employment relationship has dissolved.

The mediator will commonly undertake to look beyond the obvious objectives of the parties (e.g., to get or keep as many dollars as possible) to explore whether there are hidden elements of value which, if addressed, could make it easier to resolve the dispute.

Where such a possibility exists, the mediator will attempt to redirect the attention of the parties away from the issues and positions they have articulated, to identify the interests and needs they seek to satisfy in the negotiation.

Once he/she has assisted the parties in identifying their interests and needs, the mediator will attempt to engage them in a creative and cooperative problem solving endeavor. This process involves the identification and evaluation of the possible methods by which the respective interests of the parties may be met at the lowest possible expense.

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