Performance Evaluation Disputes

Performance evaluation disputes arise when there is disagreement between an employee and their employer regarding the assessment of the employee’s job performance. This can include disagreements over ratings, feedback, or the overall evaluation process.

Common Causes

  • Miscommunication: Lack of clarity in performance expectations or criteria.
  • Bias: Perceived or actual favoritism or prejudice in the evaluation process.
  • Unclear Metrics: Inconsistent or poorly defined metrics for evaluating performance.
  • Personal Conflict: Disagreements stemming from interpersonal issues between the employee and supervisor.
  • Lack of Documentation: Insufficient or inaccurate documentation to support performance assessments.

Helpful Insights

Resolving performance evaluation disputes requires open communication, clarity in expectations, and a fair and transparent evaluation process. Employers should provide clear performance criteria and feedback, while employees should actively seek clarification if they have concerns about their evaluation. Mediation can be an effective method for resolving disputes by facilitating constructive dialogue and finding mutually acceptable solutions.

Job Duties Disputes

Job duties disputes occur when there is disagreement between an employee and employer regarding the scope, expectations, or requirements of the employee’s role.

Common Causes

  • Role Ambiguity: Unclear job descriptions or expectations.
  • Role Expansion or Contraction: Changes in job responsibilities without clear communication or agreement.
  • Miscommunication: Differences in understanding between employer and employee regarding job duties.
  • Changes in Organizational Structure: Reorganization or restructuring leading to confusion about roles and responsibilities.
  • Personal Conflict: Interpersonal issues impacting perceptions of job duties.

Helpful Insights

To prevent job duties disputes, employers should provide clear job descriptions, communicate any changes to job roles effectively, and foster open communication between supervisors and employees. When disputes arise, addressing them promptly through mediation can help clarify expectations, resolve misunderstandings, and restore productive working relationships.

Work Performance Improvement Plan (PIP) Disputes

Work Performance Improvement Plan (PIP) disputes occur when there is disagreement between an employee and employer regarding the terms, fairness, or effectiveness of a PIP implemented to address performance issues.

Common Causes

  • Perceived Unfairness: Employees may feel that the terms or goals of the PIP are unreasonable or biased.
  • Lack of Clarity: Employees may not fully understand the expectations or requirements outlined in the PIP.
  • Resistance to Change: Employees may resist the changes or adjustments required to meet the goals of the PIP.
  • Communication Issues: Miscommunication or lack of communication between employer and employee regarding the PIP process.
  • Unrealistic Expectations: Employers may set unrealistic goals or timelines for improvement.

Helpful Insights

Employers should approach PIPs with transparency, clearly outlining expectations, providing support and resources for improvement, and offering regular feedback and communication throughout the process. Employees should actively engage in the PIP process, seeking clarification if needed, and working collaboratively with their supervisor to meet the outlined goals. Mediation can be beneficial in resolving PIP disputes by facilitating constructive dialogue and addressing underlying issues contributing to performance challenges.


What is employment performance mediation?

Employment performance mediation is a process in which a neutral third party facilitates communication and negotiation between an employee and their employer to resolve disputes related to job performance, duties, or improvement plans.

How does employment performance mediation work?

In employment performance mediation, both parties have the opportunity to express their concerns, discuss their perspectives, and work together to find mutually acceptable solutions. The mediator helps clarify misunderstandings, foster open communication, and guide the parties towards resolving their differences.

Is employment performance mediation legally binding?

Employment performance mediation is typically non-binding, meaning that the parties are not obligated to reach an agreement. However, if an agreement is reached, it can be formalized into a legally binding contract, depending on the circumstances and jurisdiction.

When should employment performance mediation be considered?

Employment performance mediation can be considered when traditional methods of resolving disputes, such as informal discussions or internal grievance procedures, have been unsuccessful. It can also be initiated when there is a desire to preserve the employment relationship and find a mutually beneficial resolution.

What are the benefits of employment performance mediation?

Employment performance mediation offers several benefits, including confidentiality, cost-effectiveness, preservation of relationships, and the opportunity for creative problem-solving. It can also help reduce the time and resources spent on prolonged disputes and litigation.

How long does employment performance mediation take?

The duration of employment performance mediation varies depending on the complexity of the issues and the willingness of the parties to engage in the process. Some disputes may be resolved in a single session, while others may require multiple sessions over several weeks or months.

Who can participate in employment performance mediation?

Both employees and employers can participate in employment performance mediation. In some cases, representatives such as HR professionals or legal advisors may also be involved to provide support and guidance to the parties during the mediation process.