Employment Mediation: Special Considerations When the Employee is Staying on the Job

Many employment mediations involve employees who have already separated from the company or who seek to negotiate a severance package as part of a settlement. But mediation can also be used to resolve disputes with current employees, where the employee is interested in remaining employed and the employer wants to retain the employee. To be sure, mediation with current employees is more common where the employer maintains a dispute resolution program that provides for, or in some cases requires, mediation. In the absence of such a program, employers may not be willing to bring in an outside mediator until the dispute has resulted in litigation or the threat of litigation, and more often than not, by that time, the employee has been terminated or has resigned. Accordingly, mediation with a current employee outside of an established dispute resolution program is far less common. However, under the right circumstances, it can produce a good result for the employee and employer. Circumstances where mediation of a dispute involving a current employee may be appropriate include.

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New York Law Journal