LADR Bulletins

If you are a business owner that could potentially face a lawsuit brought by an employee, a vendor, or client, you know how costly legal disputes can be, both in terms of time lost and money lost. Adopting a policy of alternative dispute resolution for all stakeholders in your business can help you avoid the […]

Many myths exist about the mediation process. Understanding the misconceptions and knowing what is reality makes it easier to determine whether mediation is the right option for settling your dispute. What are some of the most common myths about mediation? “Some Cases are Not Right for Mediation” While there are certainly instances in which mediation […]

Mediation and arbitration are both forms of alternative dispute resolution (ADR), meaning alternatives to the expensive and time-consuming litigation of a lengthy court battle. Mediation and arbitration are similar in that they bring together parties in conflict to resolve an issue outside of the courtroom, but each has its own unique way of doing so. […]

The range of types of mediations and mediator styles is broad indeed. Not all cases demand the same style or format. It is important that you select the right mediator for each case. In learning about your prospective mediators, consider these issues. Do you want a joint session? Discuss with your client the different employment […]

There may be barriers to resolution of a dispute that would be helpful for the mediator to know prior to the employment mediation. Whether you discuss these barriers with your client depends on your client’s ability to “hear the message.” Such impediments to settlement are highly personal and fact-dependent. For employees, barriers that impede the […]

One factor in selecting a mediator is whether he or she routinely offers pre-mediation conferences, which are typically held separately with the parties.  These conferences can be extremely beneficial in getting the parties in a place where they can resolve their disputes.  Any psychological or other barriers to settlement that you have observed should be […]

Perhaps the most critical, yet most overlooked, piece of preparing for the mediation is preparing your client for the employment mediation session. In most cases, even representatives of corporate defendants have never gone through something like this, and individual employees rarely have. Take the necessary time to be certain that the client understands the purpose […]

There is a Settlement Value of your case that is different from the Trial Value. There are many reasons for this, not the least of which is that the audience is different. In mediation, you are not speaking to a judge or a jury, and your client is not the main audience. As a plaintiff’s […]

Normally, EPLI covers claims made against the company, its directors, officers and all employees. Normally, it covers claims made by employees for employment practice violations, including loss for back and front pay, and compensatory damages. Wage and hour claims and ERISA claims are typically excluded from coverage, although the cost of defense may be covered. […]

If you are seeking emotional distress damages, you should humanize your presentation with a profile of your client, his or her lifestyle and damages.  Employers rarely give much weight to your emotional distress claim in negotiations.  The plaintiff must provide specific information about his or her emotional damages, and describe that which will be presented […]