If you have been discriminated against at work or have been unfairly terminated, you may decide to file a lawsuit. While the idea of taking your employer to court may seem like the ideal scenario, it may not be your best option. The litigation process for an employment law dispute can be financially and emotionally draining, and it doesn’t guarantee a favorable result. Instead of exhausting your time and energy in court, you may want to learn more about the mediation process.
Employment mediation is a type of Alternative Dispute Resolution (ADR) that is offered by the U.S. Equal Employment Opportunity Commission (EEOC) as a way of resolving employment disputes without going through investigative and litigation procedures. It’s an informal process where a trained mediator helps the parties involved to come up with a mutual resolution. The mediator isn’t there to decide who is right or wrong, and he or she has no authority to impose a settlement on any of the involved parties. The mediator is there to help them explore and reconcile their differences.
Here are some of the benefits of employment mediation.
#1: It Can Avoid Litigation
Employment mediation will allow you to come up with more valuable and flexible solutions that are tailored to the needs of every party involved. Unlike the courts (who impose their decisions), mediation can give you the ability to address any interests or concerns that may not be recognized or addressed in a traditional legal setting. This kind of flexibility allows both parties to come up with a unique and more satisfying resolution to their dispute.
In many cases, mediation can lead to faster resolutions compared to the litigation process. Because there’s often a backlog of cases, the court system can take a great deal of time to come up with any kind of conclusion. But with employment mediation, both parties can schedule sessions when it’s convenient and come up with a resolution at a suitable pace (which can save them a great deal of time and emotional energy).
#2: It Can Save Both Time and Money
The litigation process can come with legal fees, court costs, and other expenses that can add up quickly. Employment mediation is a more cost-effective alternative, because it requires fewer financial resources. Both parties will often share the cost of the mediator — all while avoiding the expenses that come with litigation.
#3: It’s Fair and Neutral
The mediator’s role is to facilitate the process and to help both parties to come up with a mutual resolution, so he or she is expected to be fair and neutral. They’re not allowed to take sides or show favoritism toward any particular party. Everyone involved will have an equal opportunity to express their views, concerns, and interests.
Mediators will approach the process with neutrality, so they don’t have personal interest or stake in the outcome. They don’t advocate for any specific solution, and they don’t impose their opinions on either party. Keeping this kind of neutrality allows mediators to focus on creating an environment that fosters open communication, promotes understanding, and helps both parties look at options that may be acceptable to everyone involved.
#4: It Improves Relationships
Employment mediation focuses on resolving conflicts in a manner that’s both collaborative and non-adversarial. It also promotes communication, understanding, and empathy between all of the involved parties. By working together to come up with a mutually acceptable resolution, mediation can preserve relationships that could otherwise be damaged by more confrontational approaches.
#5: The Process is Confidential
Employment mediation is a confidential process. It can also provide a safe and private environment for all of the involved parties to openly discuss any specific issues without worrying about public exposure. This kind of confidentiality encourages honesty and openness, which allows all participants to address their concerns more effectively.
#6: It Can Improve the Reputation of Your Business
Employment disputes can give people the idea that there’s a serious problem in your business that needs to be addressed. If your company has an environment that’s hostile toward some workers, it can negatively impact all your employees. But with employment mediation, you’ll have a better chance of communicating with the person filing the complaint.
If you’re looking for one of the best places to find employment mediation in Corpus Christi, be sure to reach out to Gale Law Group. We have a team of experienced professionals who would be happy to speak with you about your specific needs.