Our Firm Puts You First
Testimonials That Speak Volumes
At Robert A. Klingler Co., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Thorough, honest and compassionate."Throughout the entire trial, their leadership, guidance, support, and positive perspective, helped me continue a well won battle.- P.K., Cincinnati, Ohio
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"A positive experience from beginning to end."The amount of research and time put into my case proved to be the reason we came out successful. I not only gained a lawyer but also a friend and contact forever.- C.D., Atlanta, Georgia
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"Extraordinary service."Litigation should be the last resort when trying to resolve differences, but when it became necessary using this firm provided peace of mind during the entire process.- L.D., Cincinnati, Ohio
How Do I Know If A Dispute Can Be Resolved Through Mediation?
Mediation is a form of Alternative Dispute Resolution that can avoid costly litigation. Mediation is an informal process in which both sides meet with a neutral third party to explore potential settlement of claims. Workplace mediation can be an optimal choice for disputes because it’s cost-effective and occurs in a cooperative environment. As your employment mediation lawyer, we’ll evaluate your case and recommend either:
- Litigation
- Mediation
Mediation involves negotiations and compromises, but will often resolve disputes quicker than litigation can. Filing a lawsuit and bringing your case to court is a long, costly and tedious process, and if it can be avoided, it’s often in both parties’ best interest to do so. Our experienced attorneys can guide you in deciding whether your case is best suited for mediation or litigation.
Cases where mediation may occur:
- Disputes between coworkers: Mediation is a good option when there are disputes between coworkers, such as bullying or discrimination.
- Employee complaints outside of the business: If an employee decides to file a lawsuit or make a complaint to a government agency, mediation may be an option. Issues that fall within this scope include, harassment, discrimination or denial of reasonable accommodations for disabled employees. The EEOC has a voluntary mediation process that parties can participate in after a charge has been filed but before a formal investigation begins.
Even when working through a mediator and trying to resolve issues outside of the courtroom, a lawyer can help. Your lawyer will negotiate on your behalf and ensure that the resolution is in your best interest.
Without knowing the exact circumstances of your dispute, we don’t know whether mediation or litigation is the best option for you.
Schedule an appointment with Robert A. Klingler Co., L.P.A. and we’ll be happy to help you understand the best path forward to resolve your workplace dispute.
Employment Mediation vs. Litigation
For most, litigation may seem very daunting, especially as an individual dealing with a company of any size. However, employment mediation can resolve disputes in a more cooperative and cost effective manner. This is the reason why we speak to many of our clients about the mediation option.
Mediation is more of a negation than the alternative—litigation. This can be very beneficial for the individual because it is usually a more cost- and time-effective choice. Overall, in certain types of cases, mediation can prove to be very efficient in comparison to litigation.
Instead of having the high stress and discomfort of a trial, mediation offers a more relaxed environment. During this process, both parties come together to talk openly and freely about the situation at hand. There is usually a neutral third party called a mediator, but this is not always a judge. This person is present in order to keep things civil, on track, and to facilitate discussion and cooperation between the parties. In many types of disputes, emotions are running high, so both parties often find themselves confused by the desires and needs of the opposing party. In a mediated setting, everyone involved can talk openly about the situation and what they are attempting to gain. Participants must feel as if everything that they say will be kept in confidence—a key to a successful mediation.
The topic of mediation vs. litigation can be very confusing. If you have any questions or need to speak with an attorney on this topic, do not hesitate to reach out to Robert A. Klinger Co., L.P.A. Our employment law attorneys are here to help you understand this process.
The Mediation Process
From the beginning to the end of the mediation process, there are a lot of individual steps to take and obstacles to overcome. With the help of an employment law attorney—like those at Robert A. Klingler Co., L.P.A., these steps and decisions can go smoothly. First, the concept of mediation needs to be presented to your company or opponent. Due to the nature of an employment dispute, this can be very daunting. Being as professional as possible during this interaction can help this step go smoothly.
Second, you must select a mediator for your case. Both sides will take part in the selection process. This step is very important and can have a great effect on the outcome of the situation. It is important that you and your opponent choose a mediator that is not beginning the process with a specific settlement in mind. An unbiased mediator is the key to a successful mediation.
Another very important thing to keep in mind is preparation. Enter the process with as much preparation done beforehand as possible. Knowing every individual detail of your case and the outcome that you want will set you up well for when the actual meeting takes place. Your opponent may be able to play into any uncertainties that you may have, leaving you feeling unfulfilled and disappointed. However, with the guidance of an attorney, you can feel confident and prepared to pursue your goal of leaving with the compensation that you deserve.
Preparing for Mediation
Before mediation, preparation is necessary. It’s important to determine:
- Who will be the mediator?
- Where and when will the mediation take place?
Employees must be prepared for mediation, and this is where a lawyer can help make sure that you enter mediation with a strong case. You’ll want to:
- Write down what happened in chronological order.
- Bring supporting evidence or documentation for your case.
- Explain the steps that you took to bring the issue to light.
- Write an impact statement if the matter led to any type of financial loss.
- Log the impact that the situation has had on you, from emotional issues to doctor visits, therapy and more.
Preparing for mediation will help you express the issues with a mediator clearly and determine what type(s) of resolutions you’ll accept.