Employment Law Mediation Lawyers
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What Is Employment Law Mediation?
Many employment law disputes end up going to court to be resolved through litigation. However, many claims do not make it through a full lawsuit. Instead, they are resolved through a process known as mediation. Employment law mediation is where a third neutral party mediator acts as a go-between for the employer and the employee(s).
The mediator helps the parties to reach a resolution on the claim by:
- Facilitating discussion and communication between the parties
- Helping to uncover facts and details related to the claim
- Proposing solutions for the parties
- Ensuring that both sides’ interests are fully addressed
Thus, employment law mediation can often help the parties to minimize the costs and time spent on resolving a dispute.
What Types of Claims Can Be Mediated?
Nearly any type of employment law dispute can be mediated, so long as the parties are willing and able to cooperate with one another. Employment law mediation is common for:
- Disability and work injury claims
- Back pay or retro pay claims
- Wrongful termination disputes
- Overtime pay disputes
- Disputes over medical leave or other types of leave
- Insurance or general liability claims
On the other hand, employment law matters that involve serious federal violations, such as discrimination, may require a formal investigation by a government agency and can result in a lawsuit. Thus, mediation may not be an option in such cases.
What if Mediation Does Not Resolve the Dispute?
In some cases, mediation can leave some issues or matters unresolved. For instance, the parties might not be able to agree on a suitable remedy or a suitable settlement amount. In such cases, the parties may need to address the remaining matters in court. They may agree to finalize the terms they have already worked out during mediation, and can use their findings to help out in court.
Do I Need a Lawyer for Help With Employment Law Mediation Issues?
Although mediation generally occurs out of court, the process will usually require the oversight and guidance of a lawyer. You may need to hire a lawyer if you are experiencing any employment law matters that need legal attention. Your attorney can provide you with legal advice and can help you during mediation, court litigation, or other types of legal proceedings.
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Last Modified: 05-06-2014 02:55 PM PDT
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