The Keys to a Successful Employment Mediation

June 26, 2024

There is no exact formula for “winning” a mediation, especially in the employment context. Although employment mediations often involve parties familiar with one another, certain actions can still disrupt the ability to achieve a settlement. Here are several factors to consider within a mediation that may increase the chances of reaching a settlement.

1. Be Open to Mediation – It is important to understand how and when mediation is appropriate for you. Mediation is much quicker and more cost-effective than litigation, and it gives all involved parties much more control over the information they share and the overall outcome of their dispute. To read more about why mediation may be right for you, click here.
2. Schedule the Mediation for the Right Time – It is important to come to a mediation prepared, as choosing to mediate too early can frustrate the chances of reaching a settlement. For instance, if the mediation takes place early in the dispute, the parties may not have had an opportunity to gather all relevant evidence supporting their position. Allowing sufficient time for discovery is crucial.To read more about when it is the right time for a mediation, click here.
3. Set the Table for Negotiations – Though optional, it may be wise to consult with the opposing party about the standards for the opening statement. For instance, the parties can agree on either long, elaborate opening statements discussing their positions or simple introductions. This allows both sides to express their positions and frustrations to the mediator, keeping all parties engaged in the process. This is often critical, as the mediator must understand the goals and desires of each side to effectively handle a complex situation and move the parties toward a mutually agreed-upon settlement through negotiations.
4. Be Transparent with the Opposing Party – The exchange of information in a mediation is critical. A party cannot expect to convince the other side or influence their view of the value of the case without providing substantial evidence that supports their position. Transparency is essential to build trust and facilitate a successful settlement.
5. Be Transparent with the Mediator – The mediator’s goal is to bring the party’s to a mutual agreement. It is important to share relevant information with the mediator so that the mediator can evaluate the strengths and weaknesses of each side’s argument and attempt to block out manipulative arguments.

Above all, it is important to maintain a professional attitude and stay calm, patient, and flexible throughout the course of the mediation. Be prepared for conflict and do not give up too early. Mediation is a process that requires time, effort, and a willingness to compromise. By remaining focused and open-minded, you increase the likelihood of reaching a mutually beneficial settlement.

To read how CASTAYBERT PLLC can assist you with mediation matters, click here.