Employment dispute involving a financial corporation’s senior executive
Case details
Problem
The mediation was initiated by a senior executive of a major financial corporation in an employment dispute concerning reinstatement and compensation for enforced absence.
During pre-mediation, it became clear that returning to the position was not the executive’s real interest.
At a joint mediation session, the parties appeared close to agreement but both wanted guarantees that the agreement would be honoured. This requirement moved them away from the desired result and brought them close to litigation.
Solution
During individual meetings, the parties discussed their claims and positions and clarified their underlying needs. Considering desirable, undesirable and most realistic future scenarios revealed their principal shared need: preserving their reputations.
Result
The parties openly agreed on their actions, received mutual guarantees and recorded them in a mediation agreement.
From practice
