Mediation Is an Efficient Method of Resolving Workplace Conflicts
Mediation is a confidential, non-binding, and non-public process in which a neutral third party actively encourages parties in conflict to reach a mutually acceptable resolution to their dispute. Parties frequently attempt to resolve employment law problems through mediation to avoid the uncertainty and costliness of litigation. While the parties retain absolute authority over the dispute and its settlement, the mediator supports them in their discussions.
Types of Scenarios That Can Be Resolved through Mediation
Whenever you have multiple people working together, issues are bound to arise. No matter how peaceful things seem at first, conflict may crop up at some point. Because of this, it is beneficial to think of the best way to resolve issues amicably. Mediation is frequently used as a method for resolving various workplace disputes.
Some of the most prevalent scenarios that employment mediation is used to resolve include:
- Contract disputes
- Workers’ compensation
- Wrongful termination
In a mediation, the neutral third person is expected to steer both sides toward a solution to resolve the problem at hand.
How Do Mediations Work in Los Angeles?
A court can mandate mediation, or mediation can happen on the parties’ own volition. Mediation can potentially happen at different points in the case process. Mediation for labor disputes typically has several stages:
- The mediator makes introductory remarks and sets the ground rules for the mediation.
- Each party makes opening statements of the problem, which is an opportunity to tell their side of the story.
- The mediator will initiate a joint discussion where the parties may respond directly to each other’s statements.
- The mediator will gather information from each party to identify the problem and find common ground.
- The mediator will meet with each party in private rooms to engage in a caucus where they discuss each position’s merits confidentially and exchange offers.
- When the parties reach an agreement, the mediator will most likely put the key elements in writing and have each party sign the agreement’s written summary.
- If the parties are unable to reach an agreement, the mediator will assist them in determining how the negotiations should proceed.
In California, any negotiations or prospective admissions made during mediation are not admissible in court or during litigation. The courts justify this provision by stating that they want people to freely bargain during mediation, which entails compromising.
Government agencies may also start a mediation process. After issuing a probable cause finding on a charge, the Equal Employment Opportunity Commission (EEOC) can initiate conciliation, a non-binding, confidential, and voluntary mediation process. California also has the California State Mediation & Conciliation Service, which specializes in resolving contract disputes in the public sector.
Why Should I Hire a Los Angeles Employment Mediator for My Labor Dispute?
Mediation is becoming more popular as a means of resolving job issues. When the parties involved are rational and eager to compromise, mediation produces the best results for both parties. It is vital, especially in employment discrimination claims, that each party feels like they have had a chance to give their side of the story and be heard.
There are numerous advantages to utilizing mediation as a method of workplace dispute resolution:
- Mediation can save money for both parties.
- Mediation often resolves disputes quickly.
- Communication with mediators is often confidential.
- Resolutions developed through mediation can be more flexible than litigation.
- The mediator will set reasonable expectations for how the parties can best resolve their issues.
If mediation seems like a possible option between an employee and an employer, it can save both parties a lot of time, money, and effort.
Hire Experienced Los Angeles Employment Mediators
Labor disputes can create tension between the parties involved. This tension usually escalates as both sides attempt to resolve the issue in their favor. As neutral parties, mediators can alleviate that tension to help resolve matters in a way that treats both parties fairly. Anyone involved in a workplace dispute should contact an experienced mediator to guide them to a civil resolution regardless of what stage they are in their dispute resolution process.
At Blackstone Law, we are passionate about resolving employment-related legal matters. We are advocates who have a reputation for representing our clients with honesty and integrity. To learn more about our mediation services, call our team at (310) 956-4054 or submit our contact form.