Respect in Mediation: A Counter to Disrespect in the Workplace - Chapter 34 - AAA Handbook on Mediation - Third Edition
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 employment mediation panel and mediates employment disputes for the U.S. District Courts for the Southern and Eastern Districts of New York and the New Jersey court system. She has met the criteria for the designation Advanced Practitioner in employment mediation by the Association for Conflict Resolution.
Originally from:
AAA Handbook on Mediation - Third Edition
RESPECT IN MEDIATION: A COUNTER TO
DISRESPECT IN THE WORKPLACE
Vivian Berger*
I. Introduction
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.
No one can quantify the degree to which disrespect in the workplace has contributed to employment litigation. Although the employer may be justified at times in taking adverse action against the employee, doing so in a manner that the latter perceives as disrespectful needlessly adds insult to injury. Demeaning exit protocols—for example, parading discharged employees out of the office, in full view of their erstwhile colleagues, flanked by security personnel—often produce anger sufficient to fuel a lawsuit. From the employee’s point of view, litigation may be the only means to get the respect he feels he is due. This can be costlier to the employer than any sabotage by departing employees.