Employment law matters can be highly contentious and threaten to impose lengthy and costly litigation on you and your client. While taking your client’s case to trial may be the best option for them when the other side is stubborn, the facts are in your favor and you’re confident that you can chalk up a win with a jury hearing the evidence, in some instances the path forward may not be so clear. And if you’ve found yourself to our website and this post, then you’re probably wondering if mediation is viable option for your client.
Regardless of the type of employment law issue you’re facing, there’s a good chance that mediation can prove beneficial to you and your client. Let’s look at why that is so that you have a better idea of how to frame mediation to your client and can advise them accordingly.
How mediation can prove beneficial in an employment law case
Although mediation can add another step in your client’s case, it may be an alternative dispute resolution methodology that protects their best interests. Here are some of the biggest benefits of using mediation when confronting an employment law issue:
- You retain control: Although you can control how the facts of your case are presented at trial, the outcome is ultimately left in the hands of the jury, the members of which come to the table with their own lived experiences and biases. That can be nerve-wracking and unpredictable, and it may not be what’s best for your client. By attempting mediation, on the other hand, you can steer the conversation and help craft a settlement resolution that’s right for your client. And if you can’t get to where your client wants to be, then you can always walk away. This gives you and your client an enormous amount of control over the process and the ultimate outcome.
- Settlement negotiations remain confidential: A trial on an employment law claim will be public, which may be damaging to your client’s reputation or their psychological well-being. Depending on which side of the fence you’re on, this could affect your client’s employability or their standing with existing clientele. The conversations that are had during mediation, on the other hand, remain confidential, thereby keeping what may be unfavorable facts out of the public eye.
- You can achieve resolution quicker: As you know, setting a case for trial and actually getting through litigation can take a significant amount of time, which can add stress and additional expense to your client. Mediation offers an avenue to find quicker resolution that brings your client peace of mind and comfort in a timely fashion.
- Your client can save money: Fully litigating an employment law case can be costly. If you and your client can manage to resolve the case through mediation in a favorable way, though, then your client can save a tremendous amount of money, and you can save your resources to utilize on other cases. It’s a win-win in that regard.
- The process can provide insight: Even if you attempt mediation and it proves unsuccessful, there can still be a benefit. While the statements made during settlement negotiations are confidential and can’t be discussed with the court, the back and forth you have with the other side might provide you with insight into their theory of the case and how they plan to present their evidence at trial. This can give you a better sense of how you need to prepare to litigate the case if the mediation in fact fails to result in resolution.
Is mediation right for your client?
If you think it could be, then now is the time to consider your next steps. You have several options when it comes to choosing a mediator, so we encourage you to fully research your options so that you can settle on someone who you think will be impartial and who will work well with you and your client.