Our Process

Once the parties decide to retain my services as their Employment Law Mediator, we will undertake the following process:

1. Conflict Check.

The first step of the process is to conduct a thorough conflict check. We will confirm that I have no conflicts with any of the parties or potential witnesses. Counsel and I will also disclose if we have ever worked together before, represented opposing Parties in a dispute, or if I have mediated prior matters with counsel.

2. Pre-Mediation Conference Call.

Once conflicts have been checked, a Pre-Mediation Conference will be scheduled. An effective Pre-Mediation Conference sets the foundation for an effective Mediation.

  1. The present procedural status of the matter.
  2. A brief discussion of each Party’s version of the facts and applicable law.
  3.  The status of any settlement discussions between the Parties.
  4. Who will be attending the Mediation for each Party, the identity of the decision-maker, each attendee’s role in the matter, all attorneys who will be present.
  5. Date, time and location for the Mediation.
  6. How we will proceed on the day of the Mediation.
  7. The Mediation Fee, how and when it will be paid.
  8. Mediation Memorandum: While meeting with the parties is ultimately critical to assisting Parties in resolving claims, Employment Law Mediations are conducted at all stages of the dispute process. For instance, I have participated in Mediations prior to the filing of administrative charges (i.e. EEOC Charge or PHRC Complaint), after the filing of a Charge but prior to the filing of litigation in state or federal court, and in the midst of court and arbitration proceedings. Depending upon the present stage of an employment law dispute, the amount of information that the Parties have shared can vary greatly. In order for a Mediation to be most effective, a substantive understanding of at least the general parameters of a dispute is of great assistance. Each Party will submit a Mediation Memorandum at least one-week prior to the Mediation. If there are legal statutes, reported decisions, or contract documents at issue, the Parties will be asked to provide the same along with their Mediation Statements.During the Pre-Mediation Conference Call, the Parties will discuss their preference regarding whether they will exchange their Mediation Memorandum with the opposing Party, or only with the Mediator. No matter what the Parties decide, I have found that at the very least it is imperative that the Parties agree to exchange any relevant documents that a Party intends to reference at the Mediation on the same date that the Mediation Memorandum are due.
3. The Mediation

A. Procedure for the Day: How we will proceed on the day of the Mediation may be impacted by the nature of the dispute and the parties. Most Mediations will proceed with an initial conference with all Parties present where I will provide a brief introduction and explanation as to how we will proceed, summarize my understanding of each Party’s position, and discuss where the Parties presently stand regarding resolution. Each side will then make an opening statement (if the party chooses) and then we will generally proceed to private caucuses, where I will meet individually with each Party. It is critical that an effective Employment Law Mediator be flexible, so there may be circumstances where based upon my judgment, we proceed in a different matter.

B. Documentation of the Agreement. While monetary consideration is almost always a critical factor in resolving any employment dispute, other terms are also essential. These terms often include allocation of the settlement amount between 1099 and W-2 income and attorneys’ fees and costs, date of the settlement payment, non-disparagement, confidentiality, a neutral release and many other terms that will depend on the nature of the dispute. When the Parties reach a resolution of the matter at the Mediation, we will carefully document all terms in writing and have the Parties sign off on a Terms Sheet outlining all essential material terms. Most often, the Parties will also later prepare a Settlement Agreement and Release that outlines the terms in further detail.

ABRAMSON
EMPLOYMENT LAW MEDIATION

790 Penllyn Blue Bell Pike #205
Blue Bell, PA 19422
Phone: 267-470-4742
Fax: 267-470-4754