“If not successful in resolving the case, the early mediation will provide more efficient and focused discovery. The parties can continue to work with the mediator through telephone follow up as the discovery unfolds, and return for a second session so that settlement can be concluded. A good mediator becomes the neutral partner to both sides throughout the litigation process to the benefit of all concerned.
The litigation of employment cases is a long, arduous and expensive process. Early mediation is an opportunity to weigh the risks and costs early in a case. Clients will better appreciate a realistic litigation budget and the many benefits of early settlement.
Getting together with the other side and a good mediator is always a wise investment of time and money. One day is a rather small commitment compared to months and years saved by resolution.” MEDIATING YOUR EMPLOYMENT CASE – SOONER OR LATER? Andrew S. Albert, Esq. Michelle A. Reinglass, Esq.
A good mediator in these cases does not always have to be an employment lawyer per se. Knowing the law is important but many mediators can quickly understand the law and factor it into the overall mediation. More important in a majority of these cases is a mediator who can gain the trust of the parties and can work with highly emotional situations. These types of cases carry a lot of emotional content and the mediator must be able to diffuse the emotion and get the parties focused on seeing settlement as a real opportunity.