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.  

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