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Thursday, March 28, 2024

Mediation May be Best Option for Resolving an Employment Law Dispute

Last updated Friday, October 22, 2010 01:00 ET

When a dispute arises between an employee and an employer, mediation may be the parties’ best option for a fast (and, therefore, less expensive) resolution.

10/22/2010 / SubmitMyPR /

When a dispute arises between an employee and an employer, mediation may be the parties’ best option for a fast (and, therefore, less expensive) resolution.  In this confidential process, a neutral mediator facilitates resolution by analyzing the case, pointing out its strengths and weaknesses and encouraging the parties to reach common ground. 

Typically, each party first submits a confidential position paper which provides background information and a brief analysis of the matter.  Once at the mediation session, counsel for all parties and each party’s representative may meet jointly to summarize the parties’ positions. Then, each party moves into a separate room, and the mediator travels between the two rooms, attempting to broker a deal.  At this time, the parties may wish to give the mediator additional information to use in negotiating a resolution. 

If the parties reach an agreement, the attorneys usually commit its key terms to writing while at the mediator’s office.  However, even if mediation fails, the negotiation process is still beneficial; mediation can enable the parties to significantly narrow the scope of their dispute, leading to a later resolution.

To speak to a Dallas, Texas employment law mediator about a labor and employment law matter, contact the employment law attorneys at Clouse Dunn Khoshbin LLP at [email protected]