Employment attorney helping workers resolve workplace disputes through effective mediation

Oakland Employment Mediation Table of Contents:

• What is Mediation
• How is a Mediator Selected?
• Benefits of Employment Mediation
• What Types of Workplace Issues Are Suitable for Mediation?
• The Process: What to Expect During Mediation
• How a Lawyer Can Help with Mediation 

Workplace disputes can be stressful and leave you feeling powerless. This is where mediation can help. At Erlich Law Firm, we recognize the importance of efficiently dealing with employment law issues so that you can move forward with your life.

Our Oakland employment lawyers are strong advocates for your rights and are prepared to fight for you in court if necessary. However, we also recognize that litigation can be a lengthy and expensive process. That is why we explore all options for resolving your employment claim, including mediation, whenever possible. Our goal is to find the most effective solution that meets your specific needs and gets you the best possible outcome in your case.

What is Mediation?

Mediation is a voluntary, confidential process where a neutral third party facilitates a discussion between an employee and the employer to reach a mutually agreeable solution. The neutral third party is known as a mediator. Mediation empowers you to play a direct role in working toward a satisfactory resolution for your employment claim.

Mediation proceedings are legally non-binding, along with generally being more informal and interactive compared to litigation. The process takes place outside the court and can result in either a settlement or an impasse. If the mediation is unsuccessful and both parties fail to come to a settlement agreement, the case may proceed to court. Settlement negotiations may also remain ongoing even when the parties opt to engage in litigation.

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How is a Mediator Selected?

Both parties have a say in choosing a qualified mediator, such as a lawyer trained in mediation or a professional mediator from a mediation service provider. Along with having knowledge and experience with employment law, the mediator should also be a skilled negotiator. In their role as a neutral third party, mediators are responsible for ensuring effective communication between the parties involved.

Mediators do not have the authority to make decisions. Additionally, they should have no personal or financial interests in the work dispute at hand. Employment claims can often be emotional and stressful, which is why it is important to have a patient mediator who can foster a productive discussion between the parties.

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Benefits of Employment Mediation

Mediation can be a useful tool when resolving employment disputes, providing flexibility for settlement negotiations and control over the process. While mediation does not guarantee that a case will not be taken to court, there are several benefits to considering it as an option:

• Cost-effective: Mediation is typically less expensive than litigation.
• Timely: Resolving a dispute through mediation can be faster than going to court. However, the case may be prolonged if the parties decide to proceed to litigation after mediation.
• Confidential: Employment issues often involve private information. The details of the mediation remain confidential, unlike court proceedings, which become public record. 
• Preserves relationships: A successful mediation can help maintain working relationships within the company while allowing for creative solutions to resolve a dispute.

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What Types of Workplace Issues Are Suitable for Mediation?

Sometimes, the only way to resolve an employment lawsuit is to take it to court. Going to trial, however, can be expensive, time-consuming, and not always the best legal solution for every worker. Depending on the situation, trying mediation can be beneficial for resolving employment issues such as:

• Wage and hour disputes
• Discrimination
• Harassment
• Retaliation
• Wrongful termination
• Whistleblower claims

Many employers prefer to use mediation to negotiate a settlement when an employee files a claim against them. Certain employment contracts may even require mediation as an initial attempt at dispute resolution. Each of the parties involved in a complaint may also seek mediation on their own.

Additionally, government agencies like the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing often recommend mediation for resolving employment claims before starting court proceedings. In some situations, mediation may be mandated by a court.

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The Process: What to Expect During Mediation

Mediation proceedings are structured according to sessions, and each party plays a role during the process. The employer and employee work toward a solution with a mediator keeping things on track and facilitating dialogue.

Before mediation can begin, the parties must agree to the terms such as selecting the mediator, who will attend the mediation sessions, where the mediation will be held and how costs will be shared. Some of these issues will depend on whether mediation is mandated by an employment contract, agency or court.

• Pre-mediation Conference

Before the mediation takes place, the mediator will meet with the lawyers of both parties to review the process. During this initial meeting, the purpose is to share the information necessary for a fruitful and mutually beneficial mediation. The mediator will also answer any questions that either party may have.

• Mediation Session

The mediator will make opening statements. They will ensure both parties understand the rules of confidentiality and voluntary participation. Each party will have the opportunity to explain their perspective on the dispute. The mediator will help identify the core issues and areas of disagreement.

The mediator will guide a conversation to promote understanding and explore potential solutions. This may involve brainstorming options, identifying common ground, and addressing concerns.

Each party may choose to have individual meetings with the mediator to discuss the strengths and weaknesses of their respective positions. Having these individual meetings separate from the mediation session can help the mediator enable a smoother dialogue between the parties to obtain the best possible outcome together.

• Negotiating a Settlement

If both parties are willing, the mediator will facilitate negotiation to reach a mutually agreeable settlement. There is typically a back-and-forth discussion involved between the parties and the mediator regarding the amount.

The mediation may conclude when both parties have agreed upon a final settlement. Otherwise, the case may proceed to litigation in court. If an agreement is reached, both parties are responsible for upholding their end of the deal. 

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How a Lawyer Can Help with Mediation 

Although having a lawyer present during mediation sessions is not mandatory, it is a good idea to hire one to ensure your rights are protected. Skilled legal representation can make all the difference when trying to recover the settlement you deserve. An employment attorney can negotiate on your behalf, using the details of your case to reach a favorable outcome.

At Erlich Law Firm, we will advise you on whether mediation is the right approach for resolving your claim against your employer. Our Oakland employment attorneys can help you understand what to expect during mediation and ensure your case is clearly presented.

The idea of entering a mediation session with your employer can be daunting. We will prepare you for the process by gathering relevant information and determining what sort of compensation would be considered a reasonable settlement for your claim. Your attorney will identify the strengths and weaknesses in your case, leveraging them to your advantage.

When you hire Erlich Law Firm, you can trust us to represent you effectively throughout the mediation process. Our Oakland employment lawyers will advocate for your best interests to achieve a successful outcome in your case. If a settlement is not possible through mediation, we will pursue litigation to get you the compensation you deserve.

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Contact Erlich Law Firm Today

Mediation offers a valuable way to resolve employment issues. If you are facing a workplace dispute, Erlich Law Firm can help you explore all your legal options, including whether mediation is right for you. We will guide you through the process to ensure you are informed and empowered to make the best decision for your situation. Contact us today to learn more and schedule a free case evaluation.