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Understanding the Mediation Process in an Employment Case

By Edited Apr 16, 2014 0 0

Mediation is a process in employment disputes that seek to resolve the issue in a more convenient and informal way. A number of parties have utilized this legal process because it is less time consuming, less expensive, and often yields good results for the parties in conflict.

If you and your employer are currently in a dispute case, you may want to settle it using mediation. Here are the stages or processes you need to undergo in order to have a successful mediation proceeding:

  • Stating of problems – Once the mediator has been chosen, both parties will present to him the issue, its causes and consequences to the parties concerned.
  • Gathering of information – The two parties will be given enough time to gather information that would support their resolution and settlement idea for the case. The parties' legal representatives play a major role in this stage of the mediation process.
  • Mediation – After gathering details, the two parties would present them to the mediator. Here, each party will present its side and the settlement it wishes to achieve. Of course, conditions would be set by the mediator to keep the settlement fair. This is also the stage where the parties concerned can bargain with the mediator regarding certain provisions and payments.
  • Decision – After a definite amount of time, the mediator will release a decision. Unlike in the arbitration process, both parties are not required to follow the mediator's decision. Besides, they can still bring the dispute to a court hearing.

This is just a simple outline of a mediation process. In this kind of legal proceeding, proving fault and liability is not the primary concern of mediator, but the agreement of the two parties. Once a decision has been made, the involved parties have the option whether they are going to agree with it or not.

If they agreed, the conditions would be applied immediately for their benefit. On the other hand, if they refused to abide by the mediator's decision, they can still take the dispute case to a civil or federal court for a hearing. However, this would mean all their efforts during the mediation process would be useless.

Mediation is a non-formal Alternative Dispute Resolution (ADR) that seeks agreement and settlement without taking the case to a court. If you want to use this legal option, consult your Los Angeles Employment Lawyer. He will surely know which is best for your case.



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