Tips in Handling Employment Mediation

One of the most commonly used alternative dispute resolution (ADR) to solve workplace disputes is employment mediation.

Unlike arbitration wherein the process is somewhat similar to an actual court hearing, mediation is far more like a controlled form of negotiation.

While arbitration tends to have a winner and a loser, mediation seeks a resolution that would be acceptable to both the employer and the employee.

However, not because the setting encourages fair dealings, it also means that the result will also be fair.

Sometimes that is not the case especially if you come unprepared.

You might accept terms of the resolution that places you on the short end of the stick.

To get the best out of employment mediation, you can follow these tips:

Collect Evidence and Expert Opinion

Your employment attorney should explain to you the elements you need to prove to establish your claim. Even though mediation is not a hearing, establishing the legality of your claim will justify your demands in the negotiation.

Review your Opponent’s Case

Aside from knowing your case, you and your attorney should also familiarize yourselves with the opponent’s defense.

This could be through actual discovery or informal exchange.

You should know the justifications of their arguments so that you know how to counter them.

Choose an Effective Mediator

The mediator should be knowledgeable in employment law and has a good reputation in the community.

The qualities usually searched for by employment attorneys in choosing a mediator are:

• Mental quickness
• Preparation
• Intolerance for nonsense
• Pleasant but firm demeanor
• Perseverance even if negotiations go downhill
• Strong command of applicable laws
• Ability to analyze strength and weakness of both parties

Come up With a Settlement Goal

Even before the mediation, you and your attorney should set a specific goal with regards to a settlement amount based on the strengths and weaknesses of your case.

During the mediation process, make a bid amount that has a sufficient margin for negotiation. In the process, the negotiation will allow both parties to bargain with each other.

Since you know the amount you know you deserve, you can either accept or deny their terms and conditions.

Listen, Do Not Argue

Of course you make points, but you get more positive points by listening and acknowledging the other party’s position.

You accept that they’re points are supported by evidence, even if it is not compelling.

Being polite and gracious can lower the resistance of the other side and makes them more willing to hear your side in return.

Be Ready to Walk Away

If the other party is being unreasonable, be prepared to walk away from the negotiation. But do not storm out.

You can walk out at the end of the day once the mediator signals that there is no more that he or she can do.

Sometimes some cases get resolved in the last minute when one party is already ready to leave the process.

Put the Deal in Writing

Once both parties arrived at an agreement, put everything in writing and have all the parties involved sign it in acknowledgement.

It wouldn’t do to have one problem solved and then have the parties dispute the agreement in the future.