Is Mediation a Good Option to Resolve a Dispute with Your Employer?
Oct 20, 2023 | Written by: | Share
Workplace disputes are not uncommon, and when they arise, it's important to consider the best way to resolve them. Mediation is one method that often comes to mind. If you find yourself in a conflict with your employer in New Jersey, should you opt for mediation? In this blog, we will explore the advantages and considerations associated with mediating a dispute with your employer in the Garden State.
What is Mediation?
Mediation is a voluntary and confidential process that allows the parties involved in a dispute to work with a neutral third party, known as a mediator, to try to find a mutually agreeable resolution. Unlike litigation, which can be costly and time-consuming, mediation is often seen as a more efficient and cost-effective alternative.
What are the Advantages of Mediating a Workplace Dispute?
One of the key benefits of mediation is the confidentiality it offers. The discussions and agreements reached during a mediation are typically kept private. This can be particularly important in workplace disputes, as it allows both parties to speak freely without fear their statements will be used against them in the future. Further, mediation typically results in a faster resolution as compared to going to court. This can be advantageous in a workplace setting, especially when tensions are high and productivity may be affected by prolonged conflicts. In addition, litigation can be extremely expensive, with legal fees and court costs quickly adding up. Mediation, on the other hand, is generally more cost-effective. It can save both the employer and the employee money and resources. Another advantage of mediating a workplace dispute is that the parties involved in mediation maintain greater control over the outcome. They have the opportunity to reach a resolution that works for them, rather than having a decision imposed on them by a judge or a jury. Finally, mediation can be a be a more amicable way to address conflicts, and can potentially repair and/or salvage the working relationship.
Considerations for Mediation in New Jersey
New Jersey has its own mediation act (The New Jersey Alternative Procedure for Dispute Resolution Act) that outlines the procedures and requirements for mediation. Prior to committing to a mediation, it would be wise to familiarize yourself with this act to understand the legal framework for mediating disputes in the state. Additionally, choosing the right mediator is crucial. You should try to look for someone who has experience in employment-related disputes and is impartial and skilled in conflict resolution. Further, it is advisable to consult with an attorney before entering into a mediation. Attorneys can provide guidance, ensure your rights are protected, and help you understand any legal implications. Not to mention, it is almost certain that your employer will have an attorney involved on its side. It is also important to keep in mind that mediation only works if both parties are willing to engage in the process. If either the employer or employee is unwilling to participate in good faith, mediation may not, unfortunately, be the best option.
Conclusion
Mediating a workplace dispute with your employer in New Jersey can be a sensible and effective approach to resolving conflicts. It offers confidentiality, speed, cost savings, and the opportunity for both parties to maintain control over the outcome. However, it's essential to consider the specific circumstances of your case and seek legal counsel to make an informed decision. Please reach out to one of our employment law attorneys if you have any questions as to whether or not mediation is best for your workplace dispute, or if you need assistance with an upcoming mediation.
Sharon M. Flynn, Esq. is a partner with Gebhardt & Kiefer, P.C., and practices primarily in the areas of general litigation, employment law, and insurance defense.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.