California’s complex employment laws produce tens of thousands of litigation matters in State and Federal courts each year. These matters include wage and hour claims, discrimination/harassment and retaliation claims, whistleblower and wrongful termination claims, Private Attorney General Act claims, Class Actions, and breach of contract claims. The following Mediation Solutions mediators have the knowledge, expertise, and experience to help parties resolve these matters:
Employment mediation offers a practical form of dispute resolution for workplace conflicts. Unlike litigation, it is a voluntary process in which the parties involved work with a neutral third party to clarify concerns, improve the employment relationship and explore creative solutions. An employment arbitrator or mediator with mediation training can help sides communicate and find common ground.
Mediation can address employment disputes involving disability discrimination under the Americans with Disabilities Act, age discrimination, national origin, sexual orientation, wage and hour class actions, retaliation or wrongful termination claims. An employment attorney or employment litigator may attend to advise a client while the mediator remains impartial.
Parties choose mediation because it can be scheduled sooner, conducted remotely or in person and tailored to the dispute. Distinguished neutrals may have training through the American Arbitration Association or recognition through the National Academy of Distinguished Neutrals. A free consultation can help determine whether mediation is appropriate.
Employment mediation can be used for wage and hour claims under the Fair Labor Standards Act, discrimination and harassment allegations, retaliation claims, wrongful termination disputes, contract disputes, class actions and other employment issues. It may also be appropriate for disputes involving Title VII of the Civil Rights Act, sex discrimination, disability discrimination, age discrimination, medical leave, trade secret concerns and disagreements affecting the employment relationship.
The employment mediation process may begin before or after a charging party files a complaint or either side starts legal action. Information exchanged by the parties prior to mediation can help the mediator understand the real issues, each party’s legal rights and the positions taken in the employment case. During the mediation process, a neutral third party helps the parties communicate with the other party, evaluate risk and explore possible terms.
Mediation can be a viable option when a dispute has become highly emotional or when the parties want a more private and efficient process than litigation. If the parties agree on a settlement amount and other terms, the resolution may be documented in a settlement agreement. The mediator’s proposals are not binding unless both sides voluntarily accept them, allowing the parties to maintain control over the final outcome.
Mediation can take place before a lawsuit is filed or while litigation is already underway. Starting mediation earlier may help the parties address the dispute before legal costs and tensions increase.
Employment mediation is generally conducted as a private and confidential process. The mediator facilitates discussion but does not decide the case or impose a settlement on either party.
