While outsiders sometimes view the resolution of a dispute involving a civil action solely as a numbers game, employment law disputes are different. Most employees devote more than one third of their day to working, commuting to work, or and thinking about work. Jobs provide the financial support for employees to live and support themselves, and in many instances their families. Feelings and emotions bring another dynamic to an employment dispute. The manner in which the Parties to an employment dispute reach a mutually satisfactory resolution will depend upon a thorough analysis of the respective merits of each Party’s claims and defenses. In addition, in order to resolve an employment law dispute, there are a number of non-monetary terms that are important to each Party in order to reach a satisfactory resolution that will achieve the ultimate objective, a binding agreement that will result in a release of claims and the ability of each party to move on with finality.

In order for a Mediator to be effective in assisting the Parties to reach their goals, it is important for the Mediator to bring experience and subject matter expertise to the mediation process. Subject matter expertise enables a mediator to ask critical questions so that the Parties are able to make critical assessments as to how the facts at issue in an employment dispute relate to the laws at issue, so that parties can appropriately evaluate a dispute from all angles. During my career as an employment law attorney, I have been involved in virtually every employment law subject matter area, as either as an advisor, litigator, or mediator.