The purpose of the mediation in employment is for the employer and the employee to negotiate a settlement of the dispute between them. This is done by the use of a third person to act as a mediator who does not represent either side but is given the task of getting the two parties to make a settlement. It is essential that both parties view the mediator as neutral.
The mediation will take place in the mediator’s office and last anywhere from four to eight hours. The fees for of the mediator will vary from 250 dollars an hour to 1,000 dollars an hour. Generally, both parties pay the fees equally. However, since the employee does not have the financial resources to pay the fees, the employee’s attorney will have to front the fees. In the event of a settlement, the attorney will be reimbursed for the fees.
Historically, more than 80% of all cases will be decided by mediation. Mediation is voluntarily, and both sides must agree to the mediation as well as the settlement. It is critical that the parties and their attorneys have confidence in the mediator. Therefore, the choice of the mediator is essential to the process. An experienced and well-regarded attorney for the employee is a part of the process.
For example, Alan Burton Newman has participated in over 1,000 mediations representing employees. He is well respected by the mediators and by the attorneys for the employers, which have resulted in approximately a 95% settlement rate.