Submit a Case Submit Case Find a Neutral Search Neutral

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

Robin H. Gise, Esq.
Robin H. Gise, Esq.
JAMS Mediator, Arbitrator, Hearing Officer

Published July 17, 2017

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.

Full Article Below:

EXPLORE MORE ON THESE TOPICS

Disclaimer:
This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Stay updated on the latest in mediation, arbitration and dispute resolution.

The JAMS ADR blog serves to engage our clients, the legal community and the public in a discussion about alternative dispute resolution. As leaders in mediation, arbitration and more, we strive to remain at the forefront of legal developments, trends and news in areas of law that pertain to ADR.

Yes, I would like to receive email communications regarding news, articles, events, and resources from JAMS.