What Is the Role of Mediation in Employment Disputes?

If your employer has violated your rights under California law, you may be considering legal action against them. But going to court can be stressful, time consuming, and expensive. Mediation may be an alternative to resolving the issue without going to court. 

An employment law attorney in San Diego can help you understand the role of mediation in employment disputes and whether this strategy could make sense for your case. 

What Is Mediation in Employment Disputes?

Filing a lawsuit and going to court is only one way to resolve a dispute with your employer, whether you experienced workplace discrimination or unfair wages. Before doing so, you may try an alternative dispute resolution (ADR) method to attempt to settle the matter out of court and avoid the hassle of a lawsuit. 

Mediation is a popular ADR method that involves meeting with a trained, neutral mediator to discuss the matter and attempt to reach a mutually acceptable resolution. The mediator does not make a determination for you; rather, they guide you and your employer through a conversation about how to proceed. 

The mediation process may look something like this:

1. You and your attorney attend an in-person or virtual mediation session with your employer and their legal representation. 
2. You present your side of the story to the mediator and the other party. 
3. Your employer presents their side of the story. 
4. Both parties meet with the mediator separately to discuss their goals and where they may be willing to concede. 
5. The mediator explores ideas for resolving the matter. 
6. If you and your employer reach a resolution, the mediator helps draft a settlement agreement that all parties sign. 
7. If the mediation is unsuccessful, a future meeting is scheduled, or the dispute escalates to legal action. 

Benefits of Employment Mediation  

Why consider mediation in employment disputes instead of going straight to legal action?

• Share your side of the story without interruption: You may feel that your employer isn’t taking your claim seriously, which has led you to consider legal action. Mediation gives you an opportunity to share your side openly and comprehensively without interruption. 
• Preserve the employment relationship: If you are open to returning to your previous position and maintaining a positive relationship with your employer, mediation may offer a better opportunity to preserve it. Legal action can feel adversarial and ultimately sever the relationship. 
• Explore creative solutions: Lawsuits only lead to certain outcomes. With mediation, you can explore creative solutions to the dispute that are favorable for both parties. Perhaps you agree to move to a different, comparable job position or receive an increase in pay as compensation for the wrongdoing. 
• Save time and money: Avoiding a lawsuit where possible is often beneficial. Legal action costs time and money, and it does not guarantee any results. You may go through the stress of a lawsuit only for your employer to be found not liable. With mediation, you can retain more control over the outcome by accepting a settlement that works for you. 

Despite these benefits, employment mediation may not be effective or helpful in all cases. Your attorney can help you consider whether trying mediation may be worthwhile, depending on how receptive your employer seems to reaching a compromise. 

Tips for Preparing for an Employment Mediation Session 

Your attorney can help you prepare for your mediation session to improve the chances of a successful outcome. The following tips can also help you prepare:

• Gather all relevant documents, such as copies of employment policies, digital communications, and pay stubs, prior to the session, so you have them during discussions. 
• List your goals for the session so that at the end, you can properly assess whether you have accomplished them. 
• Consider whether you are willing to compromise on any demands. If you are not open to compromise, mediation may not be successful. 
• Establish your “bottom line,” or the lowest number you would be willing to walk away with. 

Schedule a Consultation With D.Law 

Using mediation in employment disputes is often an effective way to avoid going to court while still achieving an agreeable outcome. If you are looking to avoid the civil litigation process or want to maintain more control over your outcomes, speak with your attorney about whether mediation may be right for you. 

D.Law represents California employees in employment law cases, advocating for their rights and helping them understand their options. If you need legal representation, contact us today at 818-275-5799 to request a free consultation.