Mediation can be used in employment disputes to solve problems quickly and inexpensively. Instead of drawn-out litigation, mediation offers parties a means of coming to an agreement without involving the courts. It can be useful in a number of situations, such as when the two parties involved are otherwise close, want an amicable ending to the dispute and hope to move forward without animosity. The Law Office of Jeannette A. Vaccaro can help you determine whether mediation is feasible. Here, we will discuss mediation as an option and when it is likely preferable to litigation.
Litigation and mediation are two different approaches to resolving disputes. Litigation involves formal legal proceedings in which a case is brought before a court of law. The process can be costly, as it may involve multiple hearings, extensive legal fees and the potential for appeals, prolonging the resolution for months or even years.
Whereas litigation involves the courts, mediation involves handling a problem “in-house,” so to speak. Mediation offers a more private and cost-effective alternative. It involves the parties working with a third-party mediator to find a mutually agreeable solution. This process is typically conducted in a private setting. Mediation also allows for more flexible and creative solutions without following courtroom procedures. With fewer formalities and a focus on collaboration, mediation often progresses faster than litigation and reaches a resolution within a shorter timeframe.
Mediation is the least formal option available to parties in a dispute. Mediations can be used in almost any kind of civil proceeding, including employment disputes. Parties who are on opposite sides of a dispute will attempt to work out their differences with the aid of a neutral third party who facilitates the discussion. The mediator does not render a decision. Unless both parties agree to sign a contract moving forward, nothing actionable comes from mediation. That being said, mediation can render results that both parties agree are fair and avoid future confrontation.
Mediation is often the first step in the process of remedying a dispute. As an example, let us say an employee is unsatisfied with his or her employer’s response to a particular problem. That employee would have the option of moving forward with filing a lawsuit against the employer. If the situation that you are experiencing can best be handled by a discussion with the individual with whom you are involved in a dispute, then mediation is a good option. In cases in which any possibility for common ground has broken down, litigation is likely more appropriate.
The largest benefit of mediation is that it is less expensive than litigating a legal issue in the courts. Litigation requires a lot of work and, therefore, a lot of money. Ultimately, it is up to you to decide which method best represents your interests in resolving your dispute.
If you are facing a complicated legal matter and are uncertain about the best course of action, our attorney at The Law Office of Jeannette A. Vaccaro can assist. We are dedicated to helping you navigate your situation and will work closely with you to determine whether mediation may be a suitable option for your situation. Call today for a consultation.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.