The relationship between an employer and an employee ideally involves mutual respect and cooperation. Even under the best circumstances, however, disputes may arise, and sometimes professional relationships end poorly—which is why you need employment law mediation services.
Mediation Solution To Employment Disputes
Mediating the Interactive Process – featured in The Colorado Lawyer
At Littleton Alternative Dispute Resolution, Inc. (LADR), we specialize in the master solution to employment disputes: employment mediation. Most often we are contacted by lawyers representing the employer and the employee, but we also mediate disputes for parties without representation to provide mediation in employment disputes.
What is Employment Dispute Mediation?
Employment dispute mediation is a voluntary and confidential process where an employee and an employer exchange or choose possible solutions to resolve a claim. It involves the help of an independent and impartial person, called a mediator, who helps the two parties reach a solution acceptable to everyone involved.
If the mediation leads to a settlement, a mediator can assist the parties in drafting the agreement. If it does not lead to a settlement, the mediator may conduct further mediation sessions to help the parties continue the negotiations and come to terms.
Over 90% Mediation Success Rate
Attorney- employment mediator Katy Miller’s 90+ percent success rate for settling cases at mediation make LADR one of the most sought-after employment mediators in the state. We provide employment mediation services for public employers, as well as handling cases involving non-profits and private employers. Our attorney-neutrals also mediate various types of disputes through Jefferson County Mediation Services and the Denver Probate Court Mediation Program. Contact a LADR employment mediator today for help with your employment mediation needs.
Our Mediators Bring Years Of Employment Law and Mediation Experience To Resolve Your Labor and Employment Disputes
With a detailed knowledge of state and federal employment law, we offer experienced and creative employment law mediation services to parties involved in disputes, particularly cases that involve discrimination. According to the Colorado Anti-Discrimination Act, employers cannot discriminate based on age. race, ancestry, national origin, color, creed, religion, sexual orientation, and physical or mental disability.
Cases we handle include:
- Discrimination
- Sexual, racial or other harassment
- Contract issues
- Executive Contracts
- Wrongful termination
- Tort claims
- Retaliation or whistle blower issues
- Family Medical Leave Act (FMLA) issues
- Fair Labor Standards Act (FLSA) claims
- Non-compete agreements
- Trade secrets and other confidential information
- Attorneys Fees
Understanding the employment mediation process
If informal negotiations or internal dispute resolution processes have failed to settle conflicts, the disputing parties may seek help from a neutral third party. Either the employer or employee may propose mediation so long as the other party is given sufficient notice either orally or in writing.
Below are the principal steps in employment mediation:
• Proposing the mediation process
• Choosing representation (may or may not be an attorney)
• Appointing the employment mediator
• Establishing the ground rules of the mediation process
• Submission to the mediator
• Negotiation of settlement terms
• Settlement
When is mediation appropriate?
Mediation may be considered when:
• Parties fail to resolve disputes due to lack of conflict resolution skills or apparent resistance to confronting.
• There are intense psychological or emotional barriers to settlement. Mediators are trained to handle miscommunication and high-stakes issues.
• A working relationship must be preserved. Mediators are trained to repair or build professional relationships that are essential to the success of ongoing work.
• Parties would be otherwise reluctant to meet in person to solve the issue.
Frequently asked questions
Why do disputing parties choose mediation instead of litigation?
Mediation is often the ideal choice thanks to its speed, flexibility, and cost-effectiveness. Unlike the structured and stricter court system, the parties are free to choose a mediator and even the mediation style they think is most applicable to their case.
Hiring a mediator is also less expensive than taking matters to court with costs typically shared between the involved parties.
At which stages of a dispute can mediation be performed?
Mediation can take place at any stage of a conflict. It can be the first step in dispute resolution after futile negotiations between the parties alone. Mediation can also occur at any point during arbitration or litigation where the parties wish to consider settlement.
How does mediation differ from arbitration?
In arbitration, an appointed arbitrator is appointed to make the ruling. The process is similar to an informal court proceeding wherein parties also provide testimony and evidence.
In mediation, negotiation between both parties take place with the help of a neutral third party. The parties do not reach a resolution unless both sides agree.
Our Legal Team
Kathryn E. Miller
Katy Miller has over 25 years of experience as a reputable employment attorney, tough litigator, and skilled negotiator. Her practice areas include class actions, wrongful termination, and discrimination cases of all types.
Over 90% of the hundreds of mediations she has handled were successfully resolved. Kathy is also part of the arbitration panel for labor and employment cases of the American Arbitration Association.
Gary M. Clexton
Attorney Gary Clexton has represented both firms and individuals in general commercial and civil lawsuits since 1988 and was selected as a Super Lawyer in employment law in 2012.
Gary specializes in contract disputes, bad faith insurance claims, employment discrimination disputes, probate and estate litigation, civil rights, and products liability.
Michael P. Miller
Attorney Mike Miller is an experienced family and commercial law mediator. He is a principal in the law firm of Miller & Steiert, P.C. and a former deputy district attorney. Mike has also been a member of the Colorado Bar Association Board of Governors for more than 10 years.
Reduced Expenses and Positive Relationships
Through the employment mediation process, you may be able to resolve even the most complex disputes without the overwhelming expense of litigation. Mediation in employment disputes also provides an opportunity to create or maintain relationships between employer and employee, creating the best chance for both parties to move forward without animosity or ill will.
Contact our office online or call 303-798-2533 to discuss your specific employment law mediation issues and to learn more about the employment mediation process. LADR is the mediation master solution to employment disputes.
