Respect in Mediation - Dispute Resolution Journal - Vol. 63, No. 4
Vivian Berger is the Nash Professor of Law Emerita at Columbia Law School. An active mediator since the mid-1990s, Prof. Berger specializes in employment mediation. She mediates privately, serves on the AAA mediation panel and mediates employment disputes for the Equal Employment Opportunity Commission and the U.S. District Courts for the Southern and Eastern Districts of New York. She has met the criteria for the designation Advanced Practitioner in employment mediation by the Association for Conflict Resolution.
Originally from Dispute Resolution Journal
As a result of economic retrenchment and global competition, the workplace has become a less hospitable environment for employees, many of whom turn to the courts to resolve disputes arising out of the employment relationship. The author demonstrates that mediation is not only a highly successful way of settling these disputes, it is also a process in which employees can regain their self-respect as well as the feeling that they are respected by others—results that are most unlikely to be realized in litigation.
Respect is a universal need. Unfortunately, its opposite, disrespect, can be found in many places of employment, from corporate board rooms to assembly lines. Work plays a central role in the lives of Americans; much of our sense of identity and worth, our self-respect, is determined by how well we are doing at work and how our co-workers and bosses perceive us. Yet, never before in recent years has the job environment been less hospitable to employees. Global competition, de-unionization, outsourcing, downsizing, and the continuous march of technology all make for disposable employees. The imperatives of the bottom line and shareholder value have turned the workplace into an insecure pressure cooker. Tensions are exacerbated when employees have to work with colleagues who fail to treat them with respect.