“You want WHAT?” Emerging Issues in Employment Mediation

Abstract

It’s time to get out the toolbox and sharpen up as new issues become more frequent in workplace mediation. Two of the thorniest areas relate to whistle-blowing and religious discrimination. While each brings many distinct elements, a common thread is that in both cases employees often believe “it’s a matter of principle.” When a deeply held belief such as this is involved, an employee will often be reluctant to have a claim compromised in any respect, making the claim much more difficult to resolve with a monetary or other standard solution. As well, there is often the added difficulty of the employee still being employed, which presents opportunities for creative solutions and, sometimes, unique challenges.