Why Mediate?
Why Mediate?

Court

Mediate employment disputes because mediation is a method to effectively and efficiently achieve resolutions of disputes . Parties in employment disputes usually follow an adversarial approach that causes the disputes to continue for a long time without resolution. During that time, the parties experience stress, invasions of privacy, and disruptions of their personal and business lives.

 

The adversarial process is very expensive, including attorney fees, court costs, discovery expenses, and awards of damages. Plaintiffs often do not have the money to pay for the costs and attorney fees for litigation. Defendants may risk siginficant monetary losses. through damage awards, attorney fees, or and the costs of litigation. The adversarial process also causes the disruption of business and lives. Tremendous amounts of money are being spent by both employees and employers on employment disputes.

Cost graph  
Intusive process

The adversarial process is also very intrusive. Most people do not realize the broad scope of discovery that is permitted in employment litigation. Employers may be required to reveal policies and practices, personnel records, business documents, and information on other employees. Employees may be required to reveal personal, medical and tax information. In litigation, the parties will probably be required to attend lengthy depositions to answer questions from their opponents. Witnesses may be required to be deposed to answer questions by both parties. Much of the evidence that is developed becomes public record that is available to people who are not involved in the cases.

 

The adversarial process causes much stress to those involved. The parties are expected to participate with "zealous advocacy" to prove their opponents wrong. The contentious proceedings may continue for years as the parties grow bitter from their experiences. The disruptions interfere with the personal lives of the participants, and adversely affect the operation of the businesses and organizations that are involved.

 

The parties in a mediation are involved in creating the terms of the settlement agreement. This participation ensures that each party has had the opportunity to choose the resolution that best fits their many considerations. Unlike litigation, where the decision is made by a judge or jury and the winner takes all, mediation facilitates a win-win situation for the parties who are involved. This is especially important when the employee continues to work for the employer.

Solutions  

The purpose of eeomediation.com is to provide mediation services to resolve disputes related to equal employment opportunity. These disputes may concern allegations of unlawful discrimination because of race, national origin, sex, age, disability, religion or sexual preference. The disputes may include allegations such as sexual harassment, discriminatory termination of employment, failure to accommodate disabilities, and wage inequities. We believe that we can resolve employment disputes more effectively than any other process including litigation and arbitration.

 

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