Employment Dispute Settlements: An Overview

As a former employment lawyer, now attorney mediator, I am so appreciating your seasoned perspectives. What is your view on the best experience base for mediators; of those you know what has been their training and approaches to facilitation?

I have had former judges who are fantastic mediators and then some who were absolutely clueless. I have had sophisticated lawyers-some good and some bad. So, I would say—research the proposed mediator carefully before you agree. Ask colleagues for their experiences, but watch out for sour grapes, that is, cases where the problem was not the mediator; rather, it was one or both lawyers. In employment cases, I think good credible lawyering is key. Then, the mediator has to determine the real needs/goals of each side. The mediator has to have a good listening ear and to have thought long and hard before mediation how to bring the parties together. Dialogue with both sides in advance to me is critical. Good mediation statements ought to disclose weaknesses and how they are to be addressed/minimized. They rarely do, and thus the dialogue in advance is crucial. The mediator has to identify the soft underbelly. Hope these few thoughts help.