Franklin TN Educational Mediation, Consultation, & Training with Dr. Benjamin J. Earwicker, J.D., Ph.D.
Use our 3-step approach to resolve and prevent future conflict
Dr. Ben Earwicker, J.D., Ph.D., provides expert mediation & consultation, drawing on his nearly two decades of experience with conflict resolution and mediation. He has successfully mediated hundreds of disputes through his national private practice and administration of a state-wide mediation program through the Idaho Human Rights Commission.
Ben’s empathetic approach to conflict resolution ensures the best potential for reaching agreement and discovering a way through conflict. He knows how to navigate complex, technical, and emotionally-charged disputes in almost any context, from employment and labor disputes to family and divorce conflicts to contracts and corporate negotiations. Ben has helped many parties reach mutually-acceptable outcomes through his expert mediation and dispute resolution services.
Conflict comes in all shapes and sizes. But at its core, all conflict represents a huge drain of time, money, energy, and other resources. And even though your instinct may be to fight it out, costly legal battles and unresolved conflict can drag on for years with no end in sight.
The cost of conflict is enormous.
Think about the cost of your conflict. Even though you might be on the right side of the situation, there’s no guarantee you can convince the other party of that. In fact, conflict tends to polarize positions and make things even worse over time. Fighting to win is exhausting, and it eventually takes its toll.
That’s where my mediation can help.
Done right, mediation offers a fresh perspective from a neutral third-party. With mediation, you can finally find a way through your conflict with a skilled facilitator who knows how to assist in a productive negotiation and the conflict resolution process.
Use my expertise to get “unstuck.”
There’s nothing worse than feeling stuck in a conflict you can’t escape. Even if you have the means to fight it out in court or see the conflict through to the bitter end, it’s rarely worth it.
I can help.
Talk with me today about how my mediation services can help you move more quickly through your conflict toward resolution and settlement.
Put this conflict behind you, once and for all.
We have what you need for mediation, consultation, investigation, and training
Dr. Earwicker provides a range of Human Resources and employment law trainings based on his extensive experience as director of an administrative law enforcement agency, mediator, attorney, academic administrator, and professor. Trainings are tailored to your institution and employee needs, and topics can be expanded or combined, depending on your preferences.
The following list includes the most commonly requested trainings; others are available on request:
Harassment and Sexual Harassment Prevention
State and Federal Anti-Discrimination Laws
Respectful Workplace: Preventing and Addressing Harassment, Discrimination, and Incivility
Workplace Reporting and Resolution Procedures
Diversity, Equity, Inclusion, and Belonging: Something for Everyone
Disability Accommodations and the Interactive Process
Service Animals in the Workplace and Public Places
Hiring and Firing Best Practices for Managers and Supervisors
How and When do the ADA and FMLA overlap?
Terms and Conditions of Employment: Best Practices for Supervisors to Maintain Fairness and Equity in the Workplace
Updates on Specific Statutes (ADA, Title VII, PWFA, etc.)
Sex, gender, Sexual Orientation, and Gender Identity: State and Federal Protections in the Workplace
Age and Age Discrimination in the Workplace: Preventing Discrimination Against Older Workers
EEOC and State Agency Investigative Processes: What You Can Expect When You are a Party to a Case Before an Fair Employment Practice Agency or Commission
If you have questions about mediation and whether mediation would be a good fit for you and your situation, use this form to send Dr. Earwicker a message, and we’ll set up an initial, free, no-obligation consultation to discuss your situation in greater detail. Dr. Earwicker can provide you with answers to your questions and a specific estimate, based on your mediation needs.
Sometimes, educational workplace interactions can take a turn for the worse. Whether you’re dealing with interpersonal conflict, personnel issues, contract and labor disputes, discrimination complaints, or any other employment issue, educational mediation can provide a way forward. The situation doesn’t have to keep escalating; you can work with a neutral, third-party mediator to help resolve the conflict and create a fresh start.
Whether you are an employee, manager, or employer, you can access the benefits of mediation to resolve workplace conflict. Our mediation, consulting, and training can help you address any type of labor and employment dispute, at any stage of conflict. Contact us today to discuss our mediation services and how we can best meet your mediation needs.
As in other states, private and public employers in Tennessee are required to comply with both state and federal employment laws for everything from overtime pay to Family Medical Leave Act leave and disability accommodations under the Americans with Disabilities Act. Employees and employers in the state have a number of resources for navigating issues in the workplace.
The Tennessee Department of Labor and Workforce Development operates as the state equivalent of the U.S. Department of Labor (USDOL) that provides oversight of wage and hour issues. (To compare state and federal regulations, for example, you can view state policies on minimum wage and other workplace information on the USDOL site). The Department also provides economic data and resources to employers in the state.
The Equal Employment Opportunity Commission (EEOC), a federal agency, provides resources, information, and guidance to employers and employees in Tennessee. The EEOC also investigates and adjudicates discrimination complaints in the state. The Tennessee Human Rights Commission operates as Fair Employment Practice Agencies (FEPA). A state or local FEPA enforces state anti-discrimination laws and often has a workshare agreement in place with the federal EEOC so they can work together to process state and federal complaints at the same time.
Mediation is a structured conversation and negotiation. The parties first meet separately with Dr. Earwicker. He explores each person's goals, ideals, and interests in detail. This helps structure mediation conversations. In some divorce mediations, parties opt to provide written position statements prior to the mediation, but that is not required. After meeting with the parties, Dr. Earwicker will schedule the mediation. Typically, the mediation occurs in separate rooms. In some cases (or upon request), Dr. Earwicker will bring the parties together in the same room, either virtually or in-person. In other cases, the parties will not meet face-to-face. Either way, Dr. Earwicker facilitates the discussion and structures the mediation to move the parties toward a negotiated solution. If the parties agree on one or more issues, Dr. Earwicker provides a written settlement agreement for the parties to review and sign. Any mediation agreement is completely voluntary and between the parties to the dispute.
In any mediation, face-to-face contact is not required for a successful mediation. Sometimes it may be beneficial to convene a joint session with the parties all in one room (either virtually or in-person). At other times, depending on the nature of the conflict, face-to-face interaction may not be desirable or warranted. Ultimately, it is up to the parties to decide whether or not to meet face-to-face. This is true whether the mediation services are provided virtually or in-person.
Unlike arbitration (where an arbitrator issues a binding decision on the facts of the case), mediation does not result in a binding decision by the mediator. The parties in a mediation are the ones who decide whether to agree on one or more issues. Only they can "bind" the other party through mutual agreement. In this way, a mediation settlement agreement between the parties can be binding as a contract between them. But the mediator's job is not to make a decision. Rather, the mediator facilitates discussions between the parties and helps them arrive at an agreed-upon solution.
Hiring an attorney is not a pre-requisite to mediation. At the same time, you are always welcome to hire an attorney who represents you and your interests in mediation. Keep in mind that the mediator is a neutral party and does not represent either party in the dispute. Thus, you may elect to seek out legal representation if you want someone who can represent you and your interests. Ultimately, though, the success of mediation depends on the parties' willingness to engage in good faith and work toward solutions. Hiring an attorney may or may not further those goals.
The length of mediation depends on the number and complexity of issues mediated. Some mediations with fairly straightforward issues can be conducted in just a few hours. Most divorce mediations take between 10-15 hours to complete, including pre-mediation work with the parties, the mediation itself, and post-mediation settlement work. Some mediations with more complex issues, more than two parties, or other pending legal matters may take longer. On average, though, planning for 10 hours of mediation is a reasonable estimate.
Mediations are like any other professional service: it is in your best interest to contract with a trained and experienced mediator like Dr. Earwicker in order to navigate the complexities of negotiations and conflict resolution. There is great value in hiring a third-party neutral - the mediator - to assist with the process of conflict resolution. A trained, experienced mediator can skillfully navigate complex interpersonal, psychological, and transactional dynamics. A skilled neutral brings a fresh perspective and a dispassionate evaluation of the situation. This third-party view, especially when coupled with expertise and skill, is an invaluable part of the mediation process.
Advances in technology have made it possible to replicate the effectiveness of in-person mediation services in remote, online, and virtual formats. Some people prefer the in-person format because of the ability to be in the same room with the other party or parties to a dispute. This can be true for any type of dispute, from divorce mediations to contract negotiations and employment disputes. However, all of the dynamics of an effective mediation (including separate "caucuses" and joint "conferences") are easily replicated in virtual platforms. Virtual mediation can also save time and money, because there are no transportation costs, and parties in different locations do not have to negotiate the location of an in-person mediation. In short, virtual mediation can be just as effective as in-person mediation services. Live video streaming and other online technologies make virtual mediation just as effective as in-person counterparts.
Prices include all mediation services, from pre-convening consultation through post-mediation settlement work.