The confidentiality of mediation makes it particularly appropriate for employment disputes. Employees and former employees are attuned to the need for them to resolve their disputes quickly and confidentially because they need to return to the job market with their employability in tact. There are very few employment disputes where the claimant receives enough money to retire! Most disputes are far less valuable to the employee than many expect. This is partly due to the limits placed on such claims by state and Federal law. But, also partly due to the pre-dispute earnings of the employees who make claims. Economic damages are limited by those earnings.
Employees typically are eager to mediate their claims once they understand they have an opportunity to mediate confidentially and that they will not be forced to resolve their case if they do not want to resolve it based on the terms offered in mediation. One very successful employment law attorney who generally represents claimants had three mediations of lawsuits already in Federal Court in December. Not a single one was resolved in mediation. Since mediations are confidential, we do not know why.
What we do know is that the employers and the employees are still struggling through Federal Court litigation. We also know that those cases ultimately are 98% likely to settle before they are tried because Federal cases just do not get resolved by juries very often. The parties would benefit by resolving the cases sooner rather than later.
I offered to mediate those same cases again for exactly one-half of the fee charged by the original mediator because of my belief that I can resolve the toughest cases. I would consider making the same offer to others who fear the cost of a second mediation just to demonstrate that the mediator and the mediation techniques can make a difference. Call me if you would like to explore this option.
Mediators To Go