How to Mediate a Settlement With an Employer
- 1). Read your employment contract documents or employee manual to determine if mediation or arbitration is mentioned as the primary dispute resolution method. Almost all large businesses now mandate mediation or arbitration for workplace dispute resolution, and many small businesses are following the trend. Alternative dispute resolution methods are almost always cheaper than going to court for both parties, and are additionally beneficial to employers in that the goal is compromise. Large "punitive damages" are almost never awarded, as happens frequently in jury trials.
- 2). Research to see if the issue underlying your dispute with your employer is suitable for mediation. While alternative dispute resolution laws have been broadened over the last few decades and most workplace disputes fit in these broader categories, some cases involving larger questions of public policy could possibly be excluded from the requirement for mediation in order to set a precedent. If you have a strong case against your employer, most attorneys would rather go to court rather than mediation because of the potential for a significantly larger financial award.
- 3). Contact the human resources department and inform them you are filing a claim for mediation once you have determined that mediation is the mandatory method for dispute resolution. If mediation is not mandatory at your workplace, contact your employer to let then know you have an unresolved dispute and that you are considering taking legal action, but would like to request mediation first.
- 4). Fill out the necessary paperwork to begin your claim for mediation according to company policy or work with your employer to choose a mediator/mediation panel that is satisfactory to both parties if mediation is not the usual policy.
- 5). Attend all mediation sessions, present your side of the dispute in detail with as much supporting documentation as possible, and carefully consider the mediator's suggestions for a compromise or settlement.
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