Mediation is a sensible, effective, and mutually beneficial outcome for all parties.
Litigation, as we all know, can be lengthy, stressful, and expensive. If the dispute reaches the summary judgment or trial phase there is a realistic potential that the outcome of dispute will be decided upon by a judge or jury, which creates additional risk and uncertainty.
Mediation allows for proactive resolution. Workers and employers can work together with the guidance of a seasoned employment law practioner to gain greater perspective and reach a mutually benefical agreement. Rather than informing a decision, a qualified mediator advises the parties as they reach their own resolution.
While not all employment disputes are appropriate for mediation, quite often there are windows of opportunity in most disputes where mediation is the most effective means to bring needed and enduring resolution to the worker and employer. In order to reach this outcome, the mediator must be neutral, proficient with the legal issues, an excellent communicator, and have the requisite sense of calm (and at times humor) in order to create an environment where the parties can reach a mutually satisfactory resolution.