Our clients and friends are familiar with many of our firm’s client services, including our skilled litigation team they rely on to handle every sort of workplace litigation when things go bad. Many people also know about our one-of-a-kind phone consultation program, started in the 1980s to help employers avoid workplace issues from winding up in court. Our firm was on the forefront in keeping businesses out of legal trouble by allowing owners and HR professionals early access to advice from our experienced attorneys, without worries about incurring legal fees. We’re at it again – offering our clients yet another completely different service to deal with some of their toughest employment problems, potentially solving them before they mushroom into more serious problems.

James Sherman, our firm’s President/CEO, has undergone rigorous training in cutting-edge “transformative mediation.” In addition to becoming a qualified mediator under MN Rule 114, Mr. Sherman relies on his years of experience representing management in labor and employment disputes across the country. What makes this particular service – Early Transformative Mediation – so valuable to employers, is that it can take place before parties “lawyer up” to pursue formal grievances, charges, or litigate their dispute in court.

Here are just a few examples of situations where early transformative mediation might avoid an internal disputes hurting morale, productivity, or an employer’s image:

• An informal grievance is raised between co-workers and while management believes it has dealt with the situation, for whatever reason one or more of the individuals involved won’t drop it and move on.
• An otherwise good employee resists his or her supervisor’s or manager’s instructions to the point where the only recourse seems to be to discharge the employee for insubordination.
• Two or more individuals constantly argue with one another, seemingly over virtually anything; you suspect that there may be a bias involved but there is nothing tangible to confirm your suspicion.

Transformative mediation, done confidentially and in a manner designed to allow each party to gain a greater understanding of the other’s point of view, without judgement, can give parties to a dispute, an opportunity to resolve their issues themselves (versus being pushed toward the customary compromise associated with most mediation). When individuals resolve their dispute themselves, the solution can be long-lasting and result in greater job satisfaction.

These are not the sort of marathon sessions many come to associate with mediation. A typical early transformative mediation session will last 1-2 hours. Compared to the high cost of turnover, lost productivity for disgruntled workers and/or supervisors and managers alike (or worse, litigation), early transformative mediation can be a bargain. To learn more about how doing early transformative mediation can work for your business, contact Jim Sherman directly, at (952) 746-1700 or by email at jasherman@wesselssherman.com or email his legal assistant at clheitman@wesselssherman.com for a brochure, complete with fees and other important details.