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 […]
LADR Bulletins
Remember, You Are Not In Court!
Before the mediation, think about the case as if you are going to trial. But do not behave in the mediation as if you are in trial. The point is to resolve the case, not to prove how difficult you will be on the witnesses at the depositions. Do not use the mediation for an […]
Keys to a Successful Mediation of a Class or Collective Action under the FLSA
In order to give yourself and your clients the best chance of success in mediation, carefully consider the following issues in advance. (1) Who will be the mediator, (2) Who should attend the mediation session(s), (3) What information do you need in advance of the sessions, and (4) what information should you provide to the […]
Is a Pre-mediation Conference a Good Idea?
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 […]
FLSA Collective Actions
I have used Katy Miller as a mediator in FLSA collective actions and have always had a positive experience with her mediation services. Although the cases involved numerous complex issues and parties, she always had a strong command of the facts and legal issues and masterfully facilitated resolution of the cases. Steven W. Moore, Managing […]
Prepare Your Client for the Mediation
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 […]
Be Mindful of Your Audience in Mediation
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 […]
How Does EPLI Coverage Impact the Mediation?
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. […]
Facilitative Workplace Mediations
Disputes between co-workers or between an employee and supervisor occur in every workplace. Usually, these disputes are worked out between the parties in conflict relatively quickly, and calm returns to the workplace. Sometimes, it is harder for the employees to resolve the dispute and a supervisor is brought in to find a solution. The supervisor’s […]
Mediating a Wage Hour Case
Wage and hour cases are often filed as collective actions under the FLSA. They are frequently settled through mediation. Unlike a case brought by one employee against an employer, however, collective cases are very complex and raise unique issues for the parties and the mediator. A wage and hour class or collective matter can be […]
