8 Tips to Mediate Your Employment Law Case

Employment Law

The body of law that dictates the employer-employee association, including personal employment contracts, the purpose of tort and contract doctrines, and a large group of legal regulation on issues, is called an employment law. 

If you have any discrimination issues, service disputes, harassment cases, debt-related matters, or any job termination difficulties, the possible solution to resolve all this mess is to understand the employment law. Employment law is a legal body of law that takes care of all your trade and discrimination related matters, helping you protect your rights as an employee. As we all know, getting a job is relatively easier than keeping it! This makes holding on to a job an even more daunting and challenging task.

In case you are facing any issues at your job, and you have filed a complaint in the employment HR department, read ahead. 

Here is how you can mediate Your Employment Law Case

  1. Know your case, and assemble your evidence. The first element is to have a case, and your lawyer must understand the legal aspects that must be proven. 
  2. Know your opponent’s case and especially know its weaknesses. Either by formal discovery or informal exchange, you must anticipate the employer’s arguments and be ready to answer them. In employment law, the focus is usually on the grounds the employer gives for terminating employment. 
  3. Select an efficient mediator. You and your lawyer should know the reputation of the mediator in the appropriate association. In employment law, for example, there are likely a few mediators that are regularly used by both sides because of their expertise, their fair viewpoints, and their proven track record in reaching settlements both sides can accept. 
  4. Present a compelling and logical story of what “really” happened. You must present a theory and theme of the case consistent with human nature and how people generally act. It would help if you addressed the motivations behind the “bad” employer conduct. People naturally do not harm others arbitrarily, but because they are angry, fearful, greedy or prejudiced. You initially present this case through a confidential “mediator’s brief.” Still, you may also give a “preview” of your opening statement to your antagonist in the “opening session” of the mediation.
  5. Have a settlement goal. That goal should consider multiple factors: the power and weaknesses of your case, your desire to avoid risk or gamble on trial; the extent of your emotional and economic injuries caused by the demotion, termination, or transfer; your ability to fund the litigation; and the reasonable question of how much you think the employer will pay to settle. The point here is to get to a specific number well in advance of the mediation that will operate as your settlement goal. Virtually everything you do in the mediation will have a sense of this goal, and your negotiation decisions revolve around that goal. Make sure you and your lawyer are on the same page before the mediation begins.
  6. Mediation is a time for listening, not fighting. Yes, you make your points in mediation, but you gain points by accepting the other party’s position, and that the position is backed by some evidence, even if not compelling. Being polite, even gracious, goes a long way in mediation – conferring the ability to smile and be light-hearted with the other side can lower the other party’s opposition to hearing what you have to say. You can state the other party’s position, while also affirming that you believe the more compelling tales of events is the one your client presents.
  7. Be sensitive to the “signs” of negotiation. A small offer to a considerable demand irrelevant to the case’s potential value is a “signal” that the other side isn’t interested in negotiating against astronomical numbers. Still, he may be “back in the game” if a more reasonable demand is made. Maybe after a set of meager offers and consistently big demands, one of the parties will make a limited offer or conditional decreased demand, contingent on the other side matching the movement with a specific significant concession of its own. This signal can sometimes break an impasse.
  8. When you reach a settlement in mediation, get the agreement in writing, signed by all parties. Most good mediators have simples forms they use to “fill in the blanks” of the settlement so that there is an enforceable agreement in existence during the period of time after the mediation to the point in time when a new formal, complete agreement containing the same basic terms is again acknowledged by the parties.

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