Posts Tagged ‘mediation’


Puerto Rico acts on the Healthy Workplace Bill

Friday, June 6th, 2014

If you are new to being bullied at work, you necessarily are consumed by righting the wrong and healing from the self-blame and shame that accompanies it. If you are reading this, you have discovered the WBI website that confirms you did nothing wrong, nor did you deserve the denigration, humiliation or ostracism.

You might have missed the fact that since 2001 we have spearheaded the effort in states to pass a law that would have given you a chance to threaten your employer with a lawsuit. Without the threat of a law, US employers are letting the perpetrators run with impunity. And that doesn’t even count bullying done on behalf of executives and senior managers.

The name of our legislation is the Healthy Workplace Bill. Volunteer Coordinators in 36 states have managed to get the bill introduced in 26 states and in 2 territories — the U.S. Virgin Islands and Puerto Rico. The process is just beginning in the USVI, but progress is significant in PR.

Senator Rosanna Lopez Leon was the prime sponsor of S 501. The bill passed all committees, and both Camara (House) and Senado (Senate) floor votes. Reconciliation of the different versions was completed on June 3.

The bill addresses “acoso laboral” the special cases of harassment we define as workplace bullying and mobbing. The bill speaks about “the dignity of every human being, particularly in the area of employment.”

The bill awaits Gov. Padilla’s signature. Call his office to implore him to make the bill law.

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Posted in Healthy Workplace Bill (U.S. campaign), Media About Bullying, Print: News, Blogs, Magazines, WBI in the News, Workplace Bullying Laws | No Archived Comments | Post A Comment () »



Texas Mediator: Mediation inappropriate for Workplace Bullying cases

Thursday, January 24th, 2013


No Mediation for Workplace Bullying
by Esque Walker, Ph.D., Texas Certified Distinguished Mediator

Mediation is an inappropriate alternative in cases involving any type of abuse or violence such as domestic violence, child abuse, sexual assault, school or workplace bullying.

The victims or targets in these situations are at a disadvantage and are subjected to further abuse.
Mediation is a process in which disputing parties with the assistance of a third party, the mediator, come together in an attempt to resolve their differences in an acceptable manner (win/win) to both parties. The mediation process assumes that all parties involved in the mediation are “sufficiently capable” of negotiating and reaching a mediated agreement with each other as equals in the process. In cases involving workplace bullying or any type of family violence, this is a false assumption; individuals experiencing abuse, violence, or similar interactions are disempowered their ability to deal effectively with their abusers are diminished.

When the mediation process was designed, it was not intended to or structured to deal with the complexity of workplace bullying or other forms of violence.

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Posted in Bullying-Related Research, Social/Mgmt/Epid Sciences, Tutorials About Bullying, WBI Education | 1 Archived Comment | Post A Comment () »



WBI Survey: Mediation and Workplace Bullying

Thursday, January 24th, 2013

MEDIATION AND WORKPLACE BULLYING
WBI 2011-D Instant Poll

At WBI, we have always argued against the adoption of mediation or other alternative dispute resolution practices for bullying resolution. The source of our resistance is twofold: (1) often the bullied target who is already compromised and often emotionally wounded is mandated to participate, and (2) workplace bullying is a form of violence, non-physical and sub-lethal, but interpersonal violence nevertheless.

Violent relationships cannot be mediated. Mediation requires that both parties are rational and capable of gaining an empathic understanding of the needs and intellectual interests of the other party. In bullying, only one party is rational. The other’s interest is tainted by her or his need to dominate the other party. There is no equal footing at the start. One does not mediate domestic violence. There is no halfway in the gulf between parties when one is under assault by the other.

In a 2011 WBI Instant Poll, 473 respondent/bullied targets completed a survey exploring how effective was mediation.

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Posted in Tutorials About Bullying, WBI Education, WBI Surveys & Studies | No Archived Comments | Post A Comment () »



Mediation at the EEOC, Lower Your Expectations

Friday, September 23rd, 2011

As followers of WBI know, we oppose the use of mediation as a resolution strategy except in the mildest of all bullying cases. Most bullying cases are characterized as a form of violence, non-homicidal and non-physical, but clearly more severe than harassment and more impactful with respect to the target’s health (more depression, anxiety, hostility, trauma). So, it was a special opportunity for me to see mediation from the inside when I was asked to participate in an EEOC mediation session between a bullied target and her employer.
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Posted in Employers Gone Wild: Doing Bad Things, Tutorials About Bullying | 10 Archived Comments | Post A Comment () »



Guest: Can bullying be mediated?

Wednesday, December 8th, 2010

by Tom Sebok , Ombudsman, University of Colorado at Boulder

“I believe mediation can be a useful tool in very limited cases involving bullying. I am much less sanguine about its use more broadly as a tool to reduce or eliminate workplace bullying on college campuses or anywhere else  …

Restorative justice conceives of wrongdoing as behavior that harms individuals and communities, rather than as violations against “the state” (Umbreit, 2005, p. 254). For the purposes of this discussion, a restorative approach would focus on identifying: (1) who has been harmed by bullying; (2) exactly how she, he, or they were harmed; and (3) how to best repair that harm.”

Read the entire contents of this thought-provoking and optimistic essay.

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Posted in Tutorials About Bullying | 30 Archived Comments | Post A Comment () »



WBI's position on mediation and workplace bullying

Friday, June 11th, 2010

Bullying is rarely just conflict. The Chronicle of Higher Education reported on an  American Arbitration Association (AAA) initiative to address workplace bullying in the academe. The WBI position is clear. When there is a power/status difference, mediation is the wrong tool. We do not mediate domestic violence cases. When there is clearly a perpetrator-initiator and an involuntary target, mediation further compromises the compromised. When the organization believes the target finally attempting to fight back makes him or her equally wrong, mediation doesn’t work.

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Posted in Employers Gone Wild: Doing Bad Things, Tutorials About Bullying | 8 Archived Comments | Post A Comment () »



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