Your client has just told you about a workplace dispute, tensions are rising, productivity is slipping, and the situation shows no signs of improving. As their trusted legal advisor, you’re now tasked with finding the best resolution to protect their business. Could mediation be the answer? 

Keep reading to learn why mediation should be on your radar, when it’s appropriate to mediate, and what to look for in a mediator to help your client navigate this challenge successfully.   

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When is mediation a good fit? 

Mediation is a strategic choice for resolving workplace disputes quickly and confidentially. It’s particularly effective in these scenarios:   

• Harassment or discrimination claims where privacy and discretion are critical.   

• Non-compete or non-solicitation agreement disputes that require careful handling of sensitive business information.   

• Conflicts between executives or managers that are disrupting team dynamics and business operations.   

• Threatened lawsuits or legal actions where parties may be open to negotiation and settlement.   

As you probably know, in states like New Jersey, mandatory court-ordered mediation applies to most cases. In addition, engaging in mediation pre-litigation can de-escalate conflicts before they become much more costly.   

Key benefits of mediation 

Mediation offers several advantages over arbitration or litigation: 

1. Confidentiality:  Mediation protects both your client’s reputation and the privacy of all parties involved. 
2. Control:  Unlike a court ruling, mediation is non-binding and allows the parties to shape the outcome. 
3. Cost and time efficiency:  Mediation is faster and less expensive than arbitration or litigating in court. 
4. Flexibility:  Creative, win-win solutions can emerge from mediation, preserving professional relationships. 

How to choose the right mediator  

The mediator you recommend can make or break the process. Keep these factors in mind:   

1. Relevant experience: Choose someone well-versed in employment law and workplace conflict resolution.  
2. Impartiality: Ensure the mediator has no connections to either party and remains neutral.  
3. Problem-solving expertise: A skilled mediator is a good listener and offers tailored solutions both parties can agree on.  

For court-ordered mediations in New Jersey, your client can select their mediator. Encourage them to leverage this choice to find someone who aligns with their needs.   

Next steps 

Recommending mediation shows your dedication to protecting your client’s business interests while fostering a positive workplace environment. If your client is facing a workplace dispute and needs guidance, let’s talk.   

Call Rubin Employment Law at 973.787.8442  or email legaladmin@alixrubinlaw.com today to explore mediation options for your clients.

This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.

Don’t let shoddy workplace investigations hurt your business