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.