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How does mediation work?

Posted by William J. Cook | Dec 14, 2020 | 0 Comments

While mediation is commonly used in divorce cases, an increasing number of employers in Florida are using mediation to resolve workplace issues. Mediation involves hiring a neutral third party to help two parties talk about their issues and come to an agreement. When done successfully, mediation can help people avoid getting entangled in a long, frustrating court case. Instead of resorting to lawsuits, some employers are using mediation to resolve their issues.

What is mediation for?

Every year, thousands of job-related lawsuits are filed every year with the plaintiffs often citing employment law violations. While some employers do break the law, other lawsuits are the result of confusion or misinformation. Mediation can help employers and employees resolve their dispute without taking the matter to court.

If an individual is interested in mediation, they typically hire a neutral third party like an attorney. The employer and the other parties involved in the dispute might meet at the attorney's office to discuss the issue. The attorney may guide them through a calm, civil discussion where both parties reach an agreement in the end.

This is particularly helpful for disputes that are based on misconceptions. For example, an employee might have mistakenly taken offense to a remark or assumed that they were laid off because of their age. During mediation, both parties could see each other's side of the issue. They can avoid spending thousands of dollars on court and attorney fees and instead get the matter resolved within a few days.

How can an attorney help people with business disputes?

An attorney may use mediation to help both employers and employees solve their disputes. This could include disputes over contracts, insurance, workers' compensation, wage and hour laws, sexual harassment, wrongful termination, liability, personal injury and anything else that might come up.

Mediation sessions are typically held in a neutral area like the attorney's office. Throughout the session, the attorney acts as a neutral third party who wants to help both parties come to an agreement rather than help either side “win” the argument. This process is typically much faster and cheaper than going through the court system.

About the Author

William J. Cook

William J. Cook represents clients in matters involving business litigation and commercial and employment disputes, securities litigation, insurance, personal injury. Mr. Cook's peers have awarded him with the highest possible rating of AV-Preeminent* by Martindale-Hubbell, which speak...

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Could Your Dispute Be Mediated?

Chris A. Barker is certified by the Florida Supreme Court as a circuit-civil mediator. He can bring parties together using mediation to obtain out-of-court resolutions which help litigants resolve their legal disputes in a cost-effective and efficient manner.

Based in Tampa, Mr. Barker conducts mediations throughout Florida and can conduct mediation conferences via Zoom for the convenience of all parties. Contact our office today!

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