Disclaimer and Notice

THIS BLOG SITE IS INTENDED AND DESIGNED FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE EITHER LEGAL ADVICE OR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.

Showing posts with label workplace violence. Show all posts
Showing posts with label workplace violence. Show all posts

Thursday, May 17, 2012

Mediating Workplace Bullying Claims


As I have previously written, bullying is a hot topic today.   Cleaning House and Cleaning Up Our Acts - Anti-Bullying Legislation, and Bullying Legislation, Revisited.  As such, it is natural for alternative dispute resolution (ADR) practitioners to move into this field.  However, caution should be used in doing so, and practitioners should consider in each case whether mediation is appropriate and, if so, what it should look like.

In the Fall 2011 issue of the ACR Conflict Resolution Quarterly, Vol. 29 No. 1, Moira Jenkins asks Is Mediation Suitable for Complaints of Workplace Bullying? Although she herself does not appear to come to any firm conclusions, the article raises a number of helpful points to be considered by managers and individual ADR practitioners consider the issue.  First, as Ms. Jenkins observes, bullying is often not well defined, and in the workplace bullying may be confused with a number of other activities that are similar but nonetheless distinct.