Employment litigation can not only be very difficult and complicated to navigate, but it can also take a lot of time. This is time that could be spent returning to work, normal life activities, or a new job. Additionally, the aftermath of a dispute between a company and an employee, including the outcome or even the news coverage, can be very detrimental to the future of a business.
If you find yourself in a dispute with your current or former employer, you may be wondering about your options. While employment litigation may be a common option in these types of scenarios, it is not the only option. In a lot of cases, employment mediation can be a better alternative. At Robert A. Klingler Co., L.P.A., our team will help you determine which options are available and best for you. Following this determination, our attorneys will be with you every step of the way, making sure that you receive the justice and compensation that you deserve.
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.
Don’t be timid.
This mediation is your chance to participate in a proper negotiation. It is vital that you stand your ground on the issues at hand. Be respectful to everyone involved, but do not sacrifice your own stand in the case. As an individual, entering mediation against a company or group of people can prove to be very intimidating, but the most successful people are the ones that do not allow themselves to be timid. Overall, hiring and using an attorney that you trust is the best way that you can set yourself up for a successful mediation.
Mediation can be a very confusing topic, especially when deciding whether to participate in an employment mediation or pursue employment litigation. If you have found yourself in an employment dispute, contact an experienced Cincinnati, Ohio, employment attorney. At Robert A. Klingler Co., L.P.A., our team of attorneys help people like you who have been wronged by their employer. We spend every day seeking the compensation that our clients deserve.
If you believe that you deserve compensation from your employer, contact an attorney today at Robert A. Klingler Co., L.P.A. to get started. We want to help you every step of the way, whether that be through litigation or mediation. Call us today to set up an appointment.