MeDiATing eMpLOyMenT CLAiMS in The wAKe OF COViD-19 labor & Employment law Section
Continued from page 42
presenting one ’ s position in a nonadversarial manner to persuade the opposing party to reach a settlement agreement . Both sides gain the respect and cooperation of the other by demonstrating a willingness to work toward settlement while reserving argument for another day .
Rather than recounting a long litany of minor grievances , the plaintiff ’ s presentation should focus on the employer ’ s most egregious conduct and how the employee ’ s life has been affected . If the employee is articulate and sympathetic , the employee should be encouraged to speak .
The employer should act empathetically , not apologetically , so the employee feels heard . Employer ’ s counsel should respectfully present the legitimate business reasons for its actions and highlight challenges to the plaintiff ’ s case without engaging in argument . With trial dockets facing an unprecedented backlog , mediation has never been more important . Careful consideration of the best time to mediate , selection of the right mediator and a cooperative and empathetic approach will greatly enhance one ’ s chances for successfully mediating an employment claim . n
Labor and Employment : Annual Update from the EEOC
On February 24 , the Labor and employment Law Section hosted a CLe webinar for their
annual update from the eeOC . Speaking at this event were evangeline hawthorne , the eeOC Tampa Field Office Director , and robert weisberg , the Miami District regional Attorney . The speakers updated the attendees on national issues and strategic plans , recent eeOC litigation , and recent developments from the Miami district . hCBA would like to thank both speakers for their time .
evangeline hawthorne
robert weisberg
1
See American Bar Association
Section of Dispute Resolution : Task Force on Improving Mediation Quality Final Report , ( Dec . 2008 ).
Author : Harold Oehler - Oehler Mediation
Amanda Biondolino Jason pill
M A Y - J U N E 2 0 2 1 | H C B A L A W Y E R 4 3