Top 10 Reasons to Mediate Employment Cases

摘要

What is the most effective way to resolve employment disputes, whether they involve discrimination, executive severance or former employees' breaches of restrictive covenants? Direct negotiation is great but may be hindered by the dispute's emotional charge or the parties' divergent views of the facts. Arbitration, despite its benefits, has its pitfalls. Why not mediation? Here are 10 top reasons why employers and employees should consider using mediation to resolve workplace disputes: 1. Mediation can diffuse emotional impediments to resolution. Strong emotions on both sides can underlie employment litigation. Plaintiffs often feel they have been treated unfairly. Defendants may believe they have done nothing wrong and are being extorted. Mediation provides an opportunity for both to speak narratively and to express their feelings, which they generally cannot do in court, as well as the satisfaction of being heard by an empathetic neutral person. 2. Plaintiffs who want their day in court are unlikely to get one because few employment discrimination cases go to trial. In FY 2017, only 2% of employment cases filed in federal courts were tried through verdict. Admin. Office of U.S. Courts, Federal Judicial Caseload Statistics, Table C-4 for period ending (March 31, 2017) (available at https://bit.ly/lHbeYVH).