Employment contracts, overtime pay, perceived human resources hiccups… No business or organization is immune to confronting contentious issues. But when do controversial workplace matters veer into legal territory, and how can these situations be circumvented?
The best time to resolve issues is before someone takes legal action. Lawsuits are costly, time-consuming, risky and stressful. No matter the scenario or setting, the goal should always be to avoid legal action where appropriate and recognize that a good lawyer’s job is to keep you out of litigation. The best course of action?
Initiate clear conversations. Conflicts often result from miscommunication. Open, honest dialogue allows all parties to express their needs and desires. A well-facilitated conversation can help build consensus and reveal mutually beneficial solutions. It can also help identify and clarify a disagreement’s root causes, potentially leading to creative compromises that would be much more difficult to achieve during litigation.
Set the foundation for good communication. Individuals know what issues are truly important to them and which they can negotiate. Each party should work to understand the other side’s perspectives and commit to actively listening and expressing their perspectives respectfully. Remember that the financial and emotional strain accompanied by litigation far outweighs the potential gains of “being right.” Good, effective communication enables parties to appreciate the long-term effects of their future decisions.
Explore alternatives. Negotiation and/or mediation are structured forms of communication that can also be explored as alternatives to legal action. These methods, led by neutral third parties, help encourage constructive dialogue and focus on problem-solving rather than assigning blame. Mediation, for instance, can help illuminate the real issues that need to be addressed for more positive outcomes.
When facing a contentious issue in the workplace or outside of it, communication not only has the potential to resolve matters more efficiently and amicably, but it preserves relationships and prevents unnecessary stress. With preparation and effective discourse, legal action will hopefully become the last resort.
Jillian H. Wilson is the co-managing partner of Wilson & Associates PLLC. A Little Rock native, she is a cum laude graduate of the University of Arkansas School of Law and holds an MBA from the UA Walton College of Business.
