Gale Law Group
525 Clifford Street
Corpus Christi, TX 78404

Employment Mediation

There aren’t many controversies that are more damaging to a business than an employment dispute. Even one major dispute can lead to the erosion of a large number of assets because of legal fees and even a jury award. A conflict with an important executive can be devastating to the most established company, because the process of handling the dispute can distract and unnerve what would otherwise be a strong and efficient management team. A situation like this needs a strategy that will eliminate the possibility of disruption and distraction — all while minimizing the financial and emotional cost to the business.

Mediation is a voluntary and confidential process where an impartial person (who is referred to as a “mediator”) helps two parties to resolve a dispute in a way that’s mutually acceptable, but he or she doesn’t have the authority to make decisions. Employment mediation and other forms of Alternative Dispute Resolutions (ADR’s) are informal options that can be used instead of more traditional litigation processes. Mediation is more flexible and takes a more cooperative approach to solving problems.

employment mediation

What is Employment Mediation?

Companies will often use litigation to resolve employment disputes, because management doesn’t understand the consequences of using this strategy. Not to mention, the psychological impact it can have on the business. Once the litigation process has started, it’s very difficult (or even impossible) to stop. One step of the litigation process leads to the next, and companies who take this approach often find themselves resolving cases in the courtroom after all the economic, political, and emotional costs have been spent.

When employees (whether they’re current or terminated) make a claim against you, it’s usually in the interests of both parties to at least try to resolve the issue by using employment mediation. An experienced mediator will meet with both parties to help them resolve their dispute. It will significantly increase your chances of coming up with a resolution, because it encourages both parties to openly communicate about their interests and to come up with a resolution that meets the needs of everyone involved. Neither party is required to accept any recommendations that the mediator might make. Any settlement and its terms are up to both parties to agree upon, and the entire process is confidential.

When is Employment Mediation a Good Idea?

Mediation can be mandated by the courts, but it can also be a requirement because of agency regulations or employment agreements. Mediation usually happens soon after a complaint has been made to an employer, agency, or court. But parties can go through the process on their own at any time throughout the dispute resolution process.

Parties may be encouraged to pursue employment mediation as soon as possible because it can preserve confidentiality, can take less time, and can cost less money. Producing documents for discovery can be expensive, but parties may decide to wait on the mediation process until they can evaluate the strength of every argument.

Employment mediation is usually pursued right before or right after an important court ruling (such as a summary judgment or a pre-and-post-trial appeal decision). Both parties may want to avoid the costs or uncertainties that can come with the litigation process (especially if it would weaken their case).

Who Can Serve as a Mediator?

The mediator who is assigned to help you resolve an employment dispute must be neutral, which means that he or she is not interested in profiting from either side. For most types of employment mediation, a state-appointed representative will usually act as the mediator. Most employment disputes are resolved by filing with a state employment dispute agency, which will offer mediation as an option.

A professionally-trained person can also act as a mediator, which can include any of the following people:

  • Lawyers.
  • Counselors.
  • Advisors.

This usually happens when the mediation is connected to a private lawsuit.

What are the Different Types of Employment Mediation?

Here are some of the different types of employment mediation:

  • EEO ADR Mediation — This involves an employee who believes that he or she has been discriminated against because of race, color, national origin, religion, age, disability (either physical or mental), sexual orientation, or genetic information. It can also apply if an employee believes that he or she has been retaliated against.
  • Administrative Grievance Mediation — This is a request for personal relief over any matter of concern or dissatisfaction related to the employment or condition of employment concerning the employer.
  • General Workplace Mediation — Someone can request employment mediation if he or she wants to resolve any issues or concerns that affect his or her daily work and doesn’t involve an EEO or Administrative Grievance complaint process.

If you’re looking for someone to help you with employment mediation in Corpus Christi, be sure to get in touch with Gale Law Group.