Although some lawsuits between plaintiffs and their current or former employers may seem impossible to resolve, the power of mediation should not be underestimated. A Newport Beach employment law office could urge its clients to pursue mediation if it believes that the potential benefits outweigh the disadvantages.
The Basics of Mediation
Mediation involves a plaintiff, a defendant, both figures’ attorneys and a mediator. Discussion usually spans an entire day, although mediation can be accomplished in hourly or half-day stretches.
Potential Benefits of Mediation
Because mediation involves plaintiffs and defendants collaborating to achieve a resolution, it can be the best course of action for clients who are willing to establish open lines of communication. Essentially, direct interaction between plaintiffs and defendants can ensure that the two parties go straight to the source of any issues without having to filter their communications through other avenues.
Other benefits of direct communication through mediation include:
- Potentially more satisfactory results
- Time saved when compared to settlement negotiations
- A greater amount of control throughout the mediation process than during negotiations
Potentially More Satisfactory Results
Sometimes, defense attorneys can be difficult to deal with, particularly if they are insistent on avoiding compromise with a defendant’s employment lawyer. This can limit the solutions available to plaintiffs during settlement negotiations and make achieving resolution a much more complex and lengthy process. The “cooling off” period inherent in mediation can nip any possibly damaging attitudes in the bud.
In addition, mediation can cultivate many more solutions than may arise during negotiations. For instance, a plaintiff may be able to remain on a defendant’s health plan if his or her main concern is to avoid losing health benefits.
Mediation is Not a Perfect Solution
Like all proposed solutions, mediation is not perfect; an experienced employment attorney can explain to his or her clients that mediation can be time-consuming and expensive. Sometimes, however, it is the best solution to fairly resolve a plaintiff’s legal issues.
An Attorney Accomplished in Mediation
A qualified Newport Beach employment lawyer at Daily Aljian LLP may be able to resolve your case through mediation. If you have questions, don’t hesitate to consult the firm’s experienced team of attorneys at (949) 861-2524.