Monday Morning Musings-Consider Mediation

Which is more desirable to you--trying to work out workplace disputes between yourself and your unhappy employee (or ex-employee) or having a result imposed on you by a judge or jury? There is a time and place for full-scale litigation but, as the employer/defendant, you are always on the losing side.  Even if you win the case.  If you defeat the plaintiff, your company will still pay attorney fees to defend the case, sometimes staggering fees.  Then, if you lose, you may also be forced to pay attorney fees to the plaintiff (many employment statutes require this) plus the judgement itself, interest and court costs for you and the plaintiff.  Also, don't forget to factor in all the lost time and energy spent by your company and employees in preparing for and participating in the litigation, which can take years.  

Consider mediation as early as possible in litigation or threatened litigation.  Mediation is a non-binding process where a neutral party (the mediator) tries to help both sides come to a voluntary resolution of their dispute.  It helps to hire a highly qualified mediator, preferably with experience in employment law or in resolving employment disputes.  I generally recommend mediation as early as possible, before the parties become overly entrenched in their positions and before fees and expenses start mounting.  

In the end, isn't it better to put disputes behind you if possible and focus only on the true mission of the company? 
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