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.
Why Mediation Works
In mediation, a trained third-party neutral is selected by the parties (or appointed by a tribunal) to assist the parties in resolving their dispute. Mediators may be members of a panel, are associated with a dispute resolution organization, or have a private mediation practice. Mediators serve pursuant to written mediation agreements that provide for confidentiality of the process, and outline the procedure that will be used in the mediation session. The hallmark of mediation is that the mediator meets with both sides, in joint and separate caucuses, and guides the parties through exchange of information and exploration of interests and positions in a confidential setting with the goal of enabling the parties to reach agreement themselves.
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Ruth D. RaisfeldThis premium content is locked for LawJournalNewsletters subscribers only
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