How to Prepare for Employment Mediation: Important Considerations for Employers and Employees

How to Prepare for Employment Mediation: Important Considerations for Employers and Employees

Employment law disputes are highly contentious and involve complex legal issues.  Mediation sessions provide the parties with a viable alternative to moving forward with litigation. Employment mediations are informal private or court-ordered sessions to assist the parties in an employment dispute to reach an amicable resolution. The mediator does not decide on any legal issues or make any rulings on who is right and who is wrong.  The mediator’s role is a simple one – to help the parties settle their employment dispute. 

The need for employment mediation arises whenever there is a dispute between the parties. The mediation sessions typically take place shortly after the filing of a lawsuit.  However, mediation sessions may also take place prior to the filing of a lawsuit. Ideally, the mediation session occurs before the parties have spent a significant amount of time and money on the dispute at issue.    

How to Prepare For Employment Mediation

Employment mediation requires significant preparation.  It is important to go into the session with a strong understanding of the strengths and weaknesses of the case as well as a realistic view of the potential value of the case.  

Preparing for Employment Mediation as the Employer 

As an employer, there are several things to do as you prepare for mediation, including:

  • Review of relevant documents, including any contracts, performance evaluations, or other documentation relevant to the matter.
  • Identifying the key legal issues.
  • Make an honest assessment of your position, including the strengths and weaknesses of the case.
  • Make sure you confer with counsel to get a good understanding of the mediation process. 
  • Set goals for what you want to accomplish during the mediation session.
  • Submit a confidential mediation statement to the mediator in advance of the session. 

Preparing for Employment Mediation as the Employee 

For an employee, it is important to try to take the emotion out of a very traumatic situation, considering most employment law mediations deal with an employee’s alleged wrongful termination.  For an employee to have a successful mediation session, the employee needs to be open-minded.  As an employee, there are many things you can do to prepare for the session, including:

  • Make sure your attorney explains the mediation process and the key legal issues to you.
  • Review any relevant documents prior to the session.
  • Set your goals for the session. 
  • Maintain a professional demeanor.  
  • Submit a confidential mediation statement to the mediator in advance of the session. 

Important Benefits For Employers and Employees

There are many benefits to utilizing mediation services for an employment law dispute.  First and foremost, it is a cost-effective way to resolve the dispute.  In addition, it gives the parties an opportunity to tell their side of the dispute and find closure in a confidential setting. Furthermore, mediation services often present the parties with their best opportunity to fashion a settlement that achieves their goals. 

An Employment Attorney With Experience in Mediation Can Help 

To have a successful mediation, it is important to have a mediator who understands both sides of the dispute. Frank A. Custode, Chair of CMS’ Employment Practice, is a New Jersey Court Rule 1:40 qualified mediator. Mr. Custode is a seasoned employment law practitioner with extensive experience representing both employees and employers and therefore, understands the issues that are important to both sides in an employment law dispute. This experience is an asset that helps Mr. Custode assist parties with the amicable resolution of their dispute.  If you need an employment law mediator, please contact Curcio Mirzaian Sirot LLC.  

The Top Five Benefits of Employment Mediation

The Top Five Benefits of Employment Mediation

Employment law disputes are highly contentious and involve complex legal issues. Mediation sessions provide the parties with a viable alternative to moving forward with litigation. Employment mediations are informal private or court-ordered sessions to assist the parties in an employment dispute to reach an amicable resolution. The mediator does not decide on any legal issues or make any rulings on who is right and who is wrong. The mediator’s role is a simple one – to help the parties settle their employment dispute.   

1. Avoids Litigation

Mediation allows for flexible and creative solutions tailored to the specific needs of the parties involved. Unlike court-imposed decisions, mediation offers the opportunity to address underlying interests and concerns that may not be recognized or adequately addressed in a legal setting. This flexibility enables parties to craft unique and often more satisfying resolutions.

Mediation can often lead to faster resolutions compared to litigation. Court cases can take a significant amount of time to reach a conclusion due to a backlog of cases. Mediation allows parties to promptly schedule sessions and work towards a resolution at a pace that suits them, potentially saving significant time and emotional energy.

2. Saves Time and Money 

Litigation can be extremely expensive. It involves legal fees, court costs, and other expenses that can accumulate rapidly. Mediation is typically a more cost-effective alternative. It usually requires fewer financial resources, as the parties usually share the cost of a mediator. By avoiding the expenses associated with litigation, mediation can save parties a significant amount of money.

3. Fair and Neutral 

A crucial aspect of mediation is that mediators are expected to be fair and neutral. The role of a mediator is to facilitate the mediation process and assist the parties in reaching a mutually acceptable resolution. Mediators are required to maintain impartiality throughout the mediation process. They do not take sides or favor any particular party. Impartiality ensures that all parties have an equal opportunity to express their views, concerns, and interests. Mediators approach the mediation process with neutrality, meaning they do not have a personal interest or stake in the outcome. They do not advocate for any specific solution or impose their own opinions on the parties. Neutrality allows mediators to focus on facilitating open communication, promoting understanding, and helping the parties explore options that are acceptable to everyone involved.

4. Improves Relationships

Mediation focuses on resolving conflicts in a collaborative and non-adversarial manner. It promotes open communication, understanding, and empathy between parties. By working together to find a mutually acceptable solution, mediation helps preserve relationships that might otherwise be damaged by confrontational approaches.  

5. Confidential Process

Mediation is a confidential process. It provides a safe and private environment for parties to discuss their issues openly without fear of public exposure. This confidentiality encourages honesty and openness, allowing participants to address the core of their concerns more effectively.

Speak With a New Jersey Employment Law Mediator 

To have a successful mediation, it is important to have a mediator that understands both sides of the dispute. Frank A. Custode, Chair of CMS’ Employment Practice, is a New Jersey Court Rule 1:40 qualified mediator. Mr. Custode is a seasoned employment law practitioner with extensive experience representing both employees and employers and therefore, understands the issues that are important to both sides in an employment law dispute. This experience is an asset that helps Mr. Custode assist parties with the amicable resolution of their dispute. If you are in need of an employment law mediation, please contact Curcio Mirzaian Sirot LLC.  

With the NJ Family Court Backlog, Arbitration or Mediation May be the Better Course for Divorce and Family Law Matters

Judge vacancies in New Jersey due to judicial retirements are at an all-time high, with nearly 22% of judgeships vacant (with a 15% vacancy rate among NJ Superior Court judges). In fact, New Jersey Supreme Court Chief Justice Stuart Rabner told the New Jersey State Bar Association in May that there are 75 vacancies on the trial court bench out of 433 trial court positions. Judge Rabner noted that there should be no more than 25 or 30 vacancies “for the Judiciary to be able to best serve the public.” The Supreme Court has since filled 9 vacancies; however, many more remain.

This is exacerbated by significant staff vacancies, a judicial nomination process that has not kept pace, and the court backlog from the COVID-19 pandemic. There is now a wait of up to four years to schedule a family court trial in New Jersey.

For families, this situation can create emotional and financial harm. Many may be stewing in the contentious home environment of a difficult pending divorce; others have funds tied up in the litigation, forcing them to make tough decisions about funding their retirement plans or saving for the post-divorce home.

No cases scheduled in many NJ county courts

According to Jeralyn L. Lawrence, president of the New Jersey State Bar Association, divorce trials are completely absent from the court calendars in Atlantic, Cape May, Hudson, Hunterdon, Mercer, Morris, Passaic, Somerset and Warren counties. In Bergen, Monmouth and Sussex counties, it could take six months from filing the first motion until a divorce trial is scheduled.

This backlog issue is so serious that Assemblyman Joseph Lagana (D-Bergen/Passaic) introduced a bill to allow more retired judges to return temporarily to the bench, to prevent further delays to family and civil trials in Bergen County. In Essex County, where our office is located, there are currently 6,670 cases pending across all family court dockets.

Alternatives to NJ divorce court: arbitration and mediation

Rather than placing their lives on hold for the long term, litigants involved in family law matters—especially those in high-conflict divorces, custody battles or with pressing personal issues that require faster resolution—can choose two alternate routes: arbitration or mediation. Both methods are more expedient; cases can be resolved within months and save couples on court fees and the expense of retaining attorneys for such a protracted period of time.

Benefits of divorce/family law arbitration in NJ

In arbitration, a judge (usually retired) or a family law attorney experienced in this area act as the arbitrators. The arbitrator—in the role of a judge—is a neutral third party that hears both sides of the matter and makes a ruling. While arbitrators follow the rule of law, they are hearing the case outside of the courts, so divorcing couples can avoid a trial, maintain a higher level of confidentiality, and the process is less formal. The parties agree on a set schedule to meet for a specified amount of time to discuss all the issues. It is also less expensive than going to trial, because the process can be tailored to the parties’ specific circumstances.

The divorcing couple can choose either binding or non-binding arbitration which will impact the parties’ ability to appeal.

Benefits of divorce/family law mediation in NJ

Mediation is more flexible and allows for more creative solutions since a judge is not involved and allows the parties to cultivate a resolution. Further, it is not a legally binding process. The mediator—who is typically a family law attorney or retired judge—serves as a facilitator for the divorcing couple, who come to agreements about custodial arrangements, parenting time, division of property, alimony, child support, and other related matters.

The family law attorneys representing both parties advise clients on types of settlements that are available to them and fair, and the implications of these potential settlements to spouses and children. Ultimately, the couple—guided by the mediator—decides how to move forward by mutual agreement.

Mediation is used by many New Jersey couples before, during and even after they divorce, in cases where they plan to file for uncontested divorce but need to work out issues of spousal and child support, and division of marital property and debts. Even if they end up in a New Jersey family law court, a judge may recommend the couple enter mediation to settle custody or financial disputes.

NJ family law attorney

At [nap_names id=”FIRM-NAME-1″], we understand how difficult even the most amicable divorce can sometimes be. We offer alternative dispute resolution, as well as court representation in divorce proceedings and all family law matters to bring about the best outcomes for you and your family.