It's been a busy 6 weeks at Mediation Maven! I've been working on some interesting, thought-provoking mediations and workplace investigations. I have also spent some time touring colleges with my high school senior, trying to help her narrow down her final choice. At a recent tour, a business school dean remarked that we need to meet our students "where they are at." The university understood that this class would arrive with some challenges due to the pandemic, and was prepared to listen to the students and meet their unique needs.
The same advice holds true for lawyers working with clients. During mediation, some lawyers do not appear to be on the same page as their client. The client wishes to resolve the case and move forward, but the lawyer, presumably fueled by a good faith desire to advocate for the client and display hard-earned negotiation skills, wants to fight harder and squeeze out the best possible settlement. That client resists another round of settlement negotiations, but the lawyer "pumps" them up and encourages him/her to keep fighting even if that may be contrary to the client's desired outcome. Perhaps the client is considering his/her future relationship with the party in the other room or is uncomfortable with taking the risk that settlement negotiations fall apart by continuing to defer to legal counsel. The visibly defeated client forges forward, even though they would be willing to accept less. Counsel is working toward settlement but is not meeting the client where he/she is at, instead assuming that the best possible settlement in mediation that day is the most desired outcome by the client.
Similarly, in the process of uncovering facts and resolving conflicts, workplace investigators should strive to meet people where they are at by going beyond surface-level interactions, taking the time to understand the nuances of each individual's perspective. Trained investigators actively listen to what witnesses have to say about an experience they had in the workplace. As an example, in a workplace investigation where the complaining party has a heightened sensitivity to possible bias and fear of retaliation, it is important to provide a clear explanation of the interview process, a general timeline, and what the complainant can expect. It is helpful to emphasize that the employer went the extra mile and hired a third party neutral to provide an unbiased investigation for the company. People bring their own set of values, beliefs, and cultural influences to the workplace. An effective investigator recognizes and respects those differences, building trust with employees and ensuring the investigation process is fair and impartial.
Whether Mediation Maven assists in resolving a dispute in mediation or helping a company with a neutral workplace investigation, Sasha is committed to actively listening to the needs of the client, being aware of their goals and concerns, and "meeting you where you are at" to ensure a productive and effective experience.