Mediation

Donna Rae

We have two employees who do not like one another. They had an incident between them a year ago, supervisor met and discussed with them, and we, as management, thought things had been settled. While not a perfect relationship they appeared to be civil over this past year. Two weeks ago there was a flare up and one employee made a profane remark to the other. We have been talking, have reprimaned the employee who swore, and are now into a full blown workplace violence investigation (employee who was the receiver of the remark claims fear of the other employee). My questions are: Can we order these employees to mediation? (I told the boss yes and generated a letter to them with the scheduled appt. with our on staff mediator). One employee presented herself to me this morning, saying that she did not want mediation from a staff member that she has to work with. Qustion 2: Does this employee have a right to refuse the mediator of choice?

Thanks for any help anyone may be able to offer.

Don D

Donna: We're not ignoring you, we just don't know the answer. I don't have one so I'll make one up: I think it might depend on what your mediation policy says and how it's crafted and what the employees signed, if anything, agreeing to settle by mediation. In the absence of such a policy and signature, I don't think you can compel one to participate.

Mike Maslanka

They work for you,not the other way around.If this is how you want to handle the situation,then go ahead and do it.But I think that having two employees sit down and talk to a third employee as a mediator---even if trained---is a bad idea. As to a full blown investigation,unelss there was a threat of violence or some type of physical indimidation(not just imagined)I'd leave it alone.You laid down the law,you should check wih the person who was cursed at(by the way,what was said?) and make sure he is ok(two men?),and go on about your business.They are all getting too much secondary gain from this episode. Regards from Texas,Mike Maslanka