What is Mediation, and How Does it Work in an Employment Case?

By David DeToffol | May 29, 2024
Conference Room with People

Mediation is not a trial; in some ways, it is the opposite. A mediation, in its simplest terms, is a meeting between (1) the Employer, (2) the Employee, and (3) the Mediator, where the mediator tries to help the sides reach some settlement. Most of the time, the Employer and the employees each have their attorneys attend the Mediation. Notably, the mediator helps the parties come to a settlement but cannot force the parties to resolve. Put another way, the mediator does not decide the case because the mediator does not have the powers of a judge.

Where, When, and How do Mediations occur?

Mediations are completely voluntary and usually occur because both sides (the Employer and Employee) believe that settlement might be the best option. Since Mediation happens by choice, it normally takes place in an office conference room or virtually via video conference, and it is usually scheduled for a time that works for everyone.

Every Employment Discrimination Case is Different, which means all mediations are different. Therefore, Mediation can occur before a case is filed in Court or during the Court process.

What Happens During the Mediation?

For employment matters, most mediators use private caucuses, a mediation strategy where the parties do not negotiate directly with each other but instead are in separate rooms. The mediator will go back and forth between the rooms to be the middleman who helps facilitate the negotiations. Why not have each side in one room? Well, in employment cases, the disagreement or termination tends to be very personal to both sides, and the hope is that by keeping each side separated, cooler heads will prevail, and a settlement can be reached.

Need representation for a mediation or an employment matter? Don’t hesitate to reach out.

Your voice matters in the face of workplace retaliation, and seeking justice is your right. Contact DeToffol & Gittleman today to schedule a comprehensive and confidential consultation regarding your workplace discrimination claim.

DISCLAIMER: The information provided in this blog post is for informational purposes only and is not intended to be legal advice. Laws vary significantly from one jurisdiction to another, and therefore, the concepts discussed here may not apply universally or to every case. Furthermore, laws, especially in this field, are subject to frequent changes, so there is no guarantee that the information presented is current or up to date at the time of reading.