Employment law governs the relationship between an employer and their employees. It covers a broad range of topics, including workplace discrimination, harassment, wrongful termination, employee safety, workers’ compensation, wage concerns and overtime issues. The state and federal governments enacted such laws to protect employees from unreasonable adverse actions. However, the employer also has a right to defend themselves if the employee’s claims are unwarranted.
Instead of going straight to litigation, the employer and employee can discuss their complaints and concerns in a less aggressive environment. Mediation allows the employer and employee to maintain significant control over their settlement through open communication and peaceful resolution.
How does mediation work, and what are its advantages?
The employer and employee sit down and talk about their grievances to find common ground. A neutral third-party mediator will be present to keep the peace. They can help either party express themselves more openly. A mediator cannot decide who is right or wrong. They cannot give advice or influence your decision-making during mediation.
Neither party can impose a settlement on the other. They must reach a settlement agreement that benefits both parties. Employment matters can reveal sensitive information, and the mediation process keeps such matters confidential. It is usually less expensive than litigation and can take much less time.
Mediation can prevent employees from pursuing claims
When disgruntled employees want to sue their company or employer, they may do so out of anger and frustration. They feel unheard or undercompensated. They have growing resentment and animosity toward the employer. You can reach out to the employee through mediation and justify the adverse action against them compassionately and empathetically. You can build a more personal relationship with them and find out where their anger is coming from so that you can address it. Let them know that you are on their side and that you only want to help.