eMpLoyMentMedIatIonSaredIFFerent
Mediation & Arbitration Section
Continuedfrompage44
Individual participants typically prefer that derogatory details of the dispute not be shared with friends , family , and prospective employers . Mediation confidentiality allows for resolution outside the public domain .
Furthermore , employment litigation forces sometimes devastating confrontation . Perhaps the best example is the victim forced to confront an unapologetic harasser . These confrontations can be avoided with a mediated resolution .
Interests in employment disputes often go beyond money damages . Examples include recasting an involuntary termination as a resignation , extending benefits , outplacement services , policy modification , sensitivity training , restrictive covenants , general releases , confidentiality , and non-disparagement . Mediation provides a forum for meeting non-monetary interests in a manner not possible in litigation .
Lastly , the parties to an employment dispute will often cross paths in the future . Mediation often minimizes lingering animosity and therefore paves the way toward smoother future interactions , whereas litigation tends to build long-term resentment .
A collaborative mediation with a skillful mediator and counsel who are in tune with their clients ’ interests can help the parties to reach a principled resolution satisfactory to all . Select a mediator with the expertise and demeanor to bring the parties together . Tailor your presentation toward fostering mutual understanding and finding common ground , not demeaning the adversary . Remember , you don ’ t have to win or to convince the other side that you are right , but rather to find a solution that is better than litigating . Show respect and provide an opportunity for the opposing party to move on with dignity . Work together to get it done . n
Author : Shane Muñoz – Shane Muñoz Mediations
M A Y - J U N 2 0 2 3 | H C B A L A W Y E R
4 5