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Seven Reasons Why Mediating Employment Disputes Is a Good Idea

By Marc R. Engel
April 27, 2006

The explosion of employment claims in this country has resulted in an increased focus on resolving employment disputes prior to trial, in particular through mediation. Unfortunately, businesses and their managers often fail to appreciate why employment matters are particularly well-suited to mediation. This, in turn, discourages parties from participating meaningfully in mediation. The following article examines seven compelling reasons why mediation is such an attractive and viable option for prospective litigants.

It Provides Control

This voluntary non-binding process is actually empowering. It allows parties to control the outcome of their disputes in ways that courts and juries often are unable to do so. Judges and juries are routinely limited in the relief that they can provide. Typically, that relief is in the form of money and sometimes, injunctive relief. Among other things, courts and juries typically cannot require apologies, dictate economic 'win-win' creative solutions to business problems, or fully repair hurt feelings or damaged reputations. Mediation, on the other hand, has no such limitations. The participants' abilities to resolve their disputes is limited only by their imagination.

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