An Updated Approach to Employment Mediation

In today’s evolving workplace, disputes between employees and employers are inevitable. In her article “An Updated Approach to Employment Mediation,” Patricia H. Thompson, FCIArb, CollArb, draws on her experience as a JAMS neutral to share practical strategies for in-house counsel seeking to resolve conflicts through early mediation rather than costly litigation.

Key recommendations include

• Require early mandatory mediation: Incorporate mediation provisions in employment agreements and handbooks to encourage resolution before arbitration or litigation.
• Select the right mediator: Choose someone trusted by both parties, with deep knowledge of employment law and a reputation for fairness.
• Thorough preparation: Exchange position statements, share draft agreements, assess risks, and carefully evaluate settlement scenarios before negotiations begin.
• Constructive use of joint sessions: Provide an early opportunity for claimants to be heard and for employers to show receptiveness and respect, creating a foundation for productive dialogue.

By following these steps, employers can reduce risks, control costs, and foster fair resolutions that benefit both sides.

To read the full piece, click here.

Disclaimer: This content is intended for general informational purposes only and should not be construed as legal advice. If you require legal or professional advice, please contact an attorney.