Critical mistakes made in the use of performance appraisals.

Posted on January 20th, 2010 in Employee Disputes, Employee Performance | 1 Comment »


These materials have been prepared to address the critical mistakes that are made in the formulation and implementation of performance appraisals. Emphasis is on practical considerations concerning issues raised in determining the type of performance appraisal to be used and the process of rating employees using this tool. The materials were prepared as a collaboration between an employment law attorney who regularly consults with employers about legal considerations raised by the performance appraisal process and an industrial and organizational psychologist who develops employee rating systems and is knowledgeable in the reliability and validity of these tools. First, critical mistakes in the development and use of performance appraisals will be briefly addressed, followed by an analysis of how the performance appraisal system is developed and implemented. Last, legal considerations will be examined to show how a properly developed system can make performance appraisals a significant tool in risk management for employers.

Understanding how a mediator can help.

Posted on January 20th, 2010 in Mediation | Comments Off on Understanding how a mediator can help.


A mediator is truly a neutral. Unlike other forms of ADR such as arbitration, where the arbitrator makes findings of fact and reaches a decision or early neutral evaluation where the neutral expresses a belief as to the merits of the matter, the mediator does neither. The only job of the mediator is to facilitate or bring about settlement. The mediator should only interject himself or herself in the process to assist the parties in reaching a settlement. The mediator’s agenda should not be the terms of the settlement or the amount of the settlement, but only the fact that the matter is resolved.