Unleashing The Healing Benefits of an Effective Workplace Investigation

Unleashing The Healing Benefits of an Effective Workplace Investigation

The average working American devotes more time to work than to family, leisure, or even sleep.According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is a frequent and natural byproduct of …

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How Conflict Psychology Can Influence Judgement and Sentencing

Inter-group conflict—Montagues vs. Capulets, Sharks vs. Jets, Crips vs. Bloods—often culminates in episodes of unplanned, catastrophic violence. These cathartic but often gruesome incidents must then be interpreted after the fact by the stereotypically level-headed third parties called upon by the criminal justice system to prosecute, defend, and ultimately judge the perpetrators. These professionals’ understanding of …

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Workplace Behavior Rewarded is Behavior Repeated

Behavioral Psychology is a well-known method used across the world for everything from training dogs to treating phobias. B.F. Skinner is one of the most widely recognized contributors to Behaviorism and brought us the idea of “operant conditioning”—the idea that we can condition ourselves and others through the use of reinforcements. Operant conditioning suggests that …

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Organizations Need to Get Better at Detecting Conflict

Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low, since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, imagine if that same …

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7 Significant Steps to Prevent Employee Litigation

PROBLEMS, PROBLEMS EVERYWHERE…Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about …

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How to Fire an Employee without Getting Sued

I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases.  While there’s no way to guarantee a lawsuit won’t …

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Med-Arb for Your Business Dispute

In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century.  He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution such as “med-arb,” a process …

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Responding to Hostile Emails

Hostile mail – especially email – has become much more common over the past decade. Most of this mail is just “venting,” and has little real significance. However, when people are involved in a formal conflict (a divorce, a workplace grievance, a homeowners’ association complaint, etc.) there may be more frequent and intensely hostile mail. …

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A New Model of Intra-Corporate Conflict Resolution

Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more.Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate strategy, or the corporate governance …

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Generational Gaps In The Workplace

That I am writing this article tends to prove the thesis of this article— different generations have different goals and priorities regarding career, life, and workplace. In the spirit of full disclosure, I border Generation X and Y, and identify with characteristics of both groups. In line with Generation X-ers, I believe there is more …

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