What Employees Need to Know About Mediation

Disputes between employees and employers are bound to arise. When an employee and employer are involved in a dispute, litigation is not the only option. Mediation could be an alternative to litigation for employers and employees involved in employment-related disputes. Cases that resolve without going to trial can save involved parties a lot of time and money. Understanding mediation can be vital for employees involved in disputes with their employers. In this article, we outline five things employees should understand about mediation.

1. Mediation is a Non-Binding Process

Mediation is a voluntary process in which parties involved in a dispute agree to use a neutral third party to settle their dispute. The mediator’s role is to facilitate communication between the parties and help them reach a mutually agreeable solution. The mediator hears both sides of the story and then works with the parties to see if there is a potential resolution that both parties would agree on. However, the mediator does not have the authority to impose a decision on the parties. This makes mediation a non-binding process. On the contrary, arbitration, another alternative to litigation that some people confuse with mediation, can be binding on involved parties. The arbitrator makes a decision about the case. However, with mediation, if the parties reach an agreement, they can formalize it in writing. Once the parties sign the agreement, it can become legally binding.

2. Parties Select the Mediator

If you and your employer opt for mediation, you will be responsible for choosing a mediator. Usually, this is someone with experience in the area of law the case involves. For example, if your case is a discrimination case, you should choose someone with experience handling discrimination cases.

3. Mediation Negotiations Cannot Be Used During Litigation

One vital thing employees should note about mediation is that any negotiations or admissions made during the process cannot be brought up in court if the case proceeds to litigation. The law prohibits bringing up negotiations or admissions made during the mediation process in court during a trial. This allows parties to discuss more freely in hopes of having a better chance at resolving the dispute. However, suppose you or your employer makes an admission during mediation. The other party can conduct discovery after the mediation process and introduce the admission into the case through the standard discovery procedure.

4. You Can Have an Attorney During Mediation

You might assume that because mediation is less formal than litigation, you don’t have the right to have an attorney during the process. This is not true. You have the right to have legal representation during mediation. In fact, it is highly advisable that you have an attorney during mediation. Your attorney can help you prepare, advise you on the legal implications of any proposed resolutions, and ensure your interests are protected throughout the process.

5. Mediation Can Be Less Stressful Than Litigation

By choosing mediation, employees avoid the adversarial nature of court proceedings, which can escalate tensions and be emotionally draining. Mediation encourages collaboration instead of confrontation.  

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions about the mediation process or need help determining if mediation is the right option for handling your employment dispute.