In the labor and employment context, mediation is often a tool that both sides like to use. What we do is we both retain an independent third party mediator, who has labor and employment background and we basically set up in two separate rooms or separate conference rooms and the mediator will go back and forth conveying pieces of evidence. And the mediator may come in and give his opinion as to the value of that evidence on a scale of one to ten, the employer has just given me a great piece of evidence for them, I think it’s a ten, you should reconsider your position. And likewise I will hand the mediator a piece of evidence I consider a ten and he’ll walk into the other room the employer and say, wow you better reconsider your position because Mr. Kesluk just gave me a piece of evidence that I also believe, on a scale of one to ten, is a ten, so you really need to reconsider your position. So a good mediator, sometimes a retired judge or just someone who understands labor and employment issues, they’re often helpful in getting these matters resolved short of court or litigation.

Can I Resolve a Dispute Through Employee Mediation?

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