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Why Mediation Works

By Ruth D. Raisfeld
December 27, 2004

Employment lawyers are familiar with the following scenario: A client comes to you having received a letter from a lawyer representing a former employee. The client reports that the employee was fired for performance-related reasons after several years of employment. The client has a human resources manager, but the supervisor did not document the reasons for the termination. The employee's lawyer wants to discuss the terms of the separation and is suggesting that the employee was fired because she objected to harassment by the supervisor. The client is frustrated, feeling the company did everything possible for this employee who just didn't work out. However, the client has some reservations about the supervisor's own performance and isn't sure whether the supervisor's employment will last. The client asks you to take a look at the file and see if you have any ideas about how to respond to the demand letter.

One of the options savvy employment lawyers consider offering the client is to submit the dispute to mediation. In mediation, the employer and the former employee can sit down with each other and their lawyers, and with the help of a neutral third party, they can reach a resolution before either side incurs unnecessary legal fees, additional emotional wear-and-tear, and disruption of normal business activities. This article describes the process of mediation and why it works particularly well in employment matters.

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