Employment Dispute Mediation

employment dispute

Employment disputes can be extremely difficult. They can involve enormous potential liability and challenges. Employment relationships can be the employer is most valuable asset. From an employee’s perspective, a dispute relating to one’s livelihood can be an extremely serious matter. Employment mediation offers a private and confidential out-of-court environment where the employer and the employee can resolve their dispute with the help of a professional mediator.

Employment mediation offers a cost effective and efficient alternative dispute resolution mechanism for employment issues. Parties often reach a settlement within 3-4 sessions. Employment law mediation allows the parties to get back to their daily routines and business in an economical, expedited and confidential manner.

Employment disputes can be extremely difficult. They can involve enormous potential liability and challenges. Employment relationships can be the employer is most valuable asset. From an employee’s perspective, a dispute relating to one’s livelihood can be an extremely serious matter. Employment mediation offers a private and confidential out-of-court environment where the employer and the employee can resolve their dispute with the help of a professional mediator.

Employment mediation offers a cost effective and efficient alternative dispute resolution mechanism for employment issues. Parties often reach a settlement within 3-4 sessions. Employment law mediation allows the parties to get back to their daily routines and business in an economical, expedited and confidential manner.

What Types of Employment Disputes Can Be Mediated?

Employment mediation provides a solution for all kinds of employment disputes. Common disputes include:

  • Discrimination
  • Harassment (sexual, racial, etc.)
  • Contract issues
  • Executive Contracts
  • Retaliation / Whistleblower issues
  • Intimidation
  • Retaliation
  • Tort claims
  • Wrongful termination
  • Payment disputes
  • Non-compliance with rules or policies disputes
  • Personality clashes
  • Fair Labor Standards Act (FLSA) claims
  • Family Medical Leave Act (FMLA) issues
  • Bullying claims
  • Non-compete agreements
  • Roles and responsibilities disputes
  • Trade secrets and other confidential information related disputes
employment mediation

Not all employment disputes are between employers and employees. Employment-related disputes can arise between:

  • Business Partners
  • Employers and Contractors
  • Co-workers
  • Managers and employees

What Types Of Employment Disputes Can Be Mediated?

Employment mediation provides a solution for all kinds of employment disputes. Common disputes include:

  • Discrimination
  • Harassment (sexual, racial, etc.)
  • Contract issues
  • Executive Contracts
  • Retaliation / Whistleblower issues
  • Intimidation
  • Retaliation
  • Tort claims
  • Wrongful termination
  • Payment disputes
  • Non-compliance with rules or policies disputes
  • Personality clashes
  • Fair Labor Standards Act (FLSA) claims
  • Family Medical Leave Act (FMLA) issues
  • Bullying claims
  • Non-compete agreements
  • Roles and responsibilities disputes
  • Trade secrets and other confidential information related disputes

Not all employment disputes are between employers and employees. Employment-related disputes can arise between:

  • Business Partners
  • Employers and Contractors
  • Co-workers
  • Managers and employees
employment mediation

Consult With An Experienced Civil Mediator

Mediation is a cost-saving, time-efficient, and effective way to achieve a mutually agreed-upon resolution to civil disputes, while avoiding the time, expense, and risk associated with resolving a dispute in court.

If you believe your legal dispute can benefit from mediation, call Lex Mediation Service in New Jersey at 201-252-7000, or visit our contact page to schedule a free initial consultation with a knowledgeable and experienced New Jersey Civil Mediator.

Consult With An Experienced Civil Mediator

Mediation is a cost-saving, time-efficient, and effective way to achieve a mutually agreed-upon resolution to civil disputes, while avoiding the time, expense, and risk associated with resolving a dispute in court.

If you believe your legal dispute can benefit from mediation, call Lex Mediation Service in New Jersey at 201-252-7000, or visit our contact page to schedule a free initial consultation with a knowledgeable and experienced New Jersey Civil Mediator.

Why Mediation?

Meditation is an economical, confidential, and speedy method of dispute resolution in which the clients have complete control over the outcome.

Mediation becomes an even more attractive solution in employment disputes. Employment mediation allows employers and employees to quickly resolve the disputes and preserve their relationships. Further, it allows them to focus on their business, and not on an ongoing litigation, which can be distracting and emotionally draining.

employment dispute

Why Mediate With Lex Mediation Services

The relationships shared at the workplace are unique. There are unique synergies and needs in the employer/employee relationship. There are also unique sensitivities and interests.

This is exactly where the expertise of a mediator can add value. A good mediator will assess the circumstances and help facilitate an amicable settlement. Among other things:

  • An experienced mediator facilitates dialogue between the parties. This ensures that the parties are the real participants in resolving the dispute – not lawyers or judges.

  • The mediator ensures that they restrict their role to that of a guide, and not the judge. They leave the outcome in the hands of the parties.

  • The mediator provides the parties with a safe place to be heard, allowing the parties to address all of their issues productively.

INQUIRE NOW

Why mediation?

Meditation is an economical, confidential, and speedy method of dispute resolution in which the clients have complete control over the outcome.

Mediation becomes an even more attractive solution in employment disputes. Employment mediation allows employers and employees to quickly resolve the disputes and preserve their relationships. Further, it allows them to focus on their business, and not on an ongoing litigation, which can be distracting and emotionally draining.

Why Mediate With Lex Mediation Services

The relationships shared at the workplace are unique. There are unique synergies and needs in the employer/employee relationship. There are also unique sensitivities and interests.

This is exactly where the expertise of a mediator can add value. A good mediator will assess the circumstances and help facilitate an amicable settlement. Among other things:

  • An experienced mediator facilitates dialogue between the parties. This ensures that the parties are the real participants in resolving the dispute – not lawyers or judges.

  • The mediator ensures that they restrict their role to that of a guide, and not the judge. They leave the outcome in the hands of the parties.

  • The mediator provides the parties with a safe place to be heard, allowing the parties to address all of their issues productively.

INQUIRE NOW

Lex Mediation Services: One Stop Mediation Solution for all Your Disputes.

The founder of Lex Mediation Services, Attorney Jay L. Silverberg, is a trained civil mediator with experience in all aspects of employment law. In 30 years of practice, he has represented employers and employees in various contract claims, discrimination claims, employment agreements, alleged torts and other matters. He has the experience and the knowledge to mediate employment disputes effectively and efficiently. Lex can provide employment mediation services virtually or in person in New Jersey or in the New York City metropolitan area.

We provide physical and online employment mediation services at affordable rates. Additionally,

Lex Mediation Services: One Stop Mediation Solution for all Your Disputes.

The founder of Lex Mediation Services, Attorney Jay L. Silverberg, is a trained civil mediator with experience in all aspects of employment law. In 30 years of practice, he has represented employers and employees in various contract claims, discrimination claims, employment agreements, alleged torts and other matters. He has the experience and the knowledge to mediate employment disputes effectively and efficiently. Lex can provide employment mediation services virtually or in person in New Jersey or in the New York City metropolitan area.

We provide physical and online employment mediation services at affordable rates. Additionally,

Contact Us Now And Book Your Free Consultation.

Mediation is a cost-saving, time-efficient, and effective way to achieve a mutually agreed-upon resolution to civil disputes, while avoiding the time, expense, and risk associated with resolving a dispute in court.

If you believe your legal dispute can benefit from mediation, call Lex Mediation Services in New Jersey at 201-252-7000, or visit our contact page to schedule a free initial consultation with a knowledgeable and experienced New Jersey Divorce and Family Mediator.

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Case studies

employment disputes

Dispute Related to Wrongful termination

A female employee was terminated by her employer as she refused to work overtime because she was in her maternity phase as she had recently given birth to her first child. The termination came down hard for her as she lost her livelihood at a time when she needed it the most. However, she made up her mind that this job was important to her, and she had to get it back. This created a dispute between her and her employer.

Her primary contention was that working overtime was never a part of her job description. She did it out of goodwill. However, the employer’s contention was that he required certain people to work overtime when the new stock arrived at the warehouse. It isn’t feasible for him to employ someone new just for those few hours. Therefore, he needs someone who can do overtime.

Now, the parties have two choices: either they get into a lawsuit or mediate and reach a settlement in an amicable manner.

The lawsuit would cost the parties a lot more and would be a time-consuming process, something that both the parties would not want to get into.

However, mediation would allow both the parties to sit down together and understand each other’s side of the story. The mediator can allow help both parties understand the legal framework related to employment laws. Taking all these factors into consideration, the parties can discuss possible solutions. The mediator can then analyze all the solutions for the parties. Finally, the parties can make an informed decision to settle and move on with their lives and jobs.

Therefore, submitting the dispute to mediation would be a win-win for both parties.

Dispute related to issue with roles and responsibilities

During its initial years, a software company employed a team of 4 people to market and develop a new program. All the 4 worked extremely hard to establish the company. Things went on fine, and after a few years, the company was established in the market.

With this, the need for marketing slowly reduced. Most of the clients reached out to the company themselves. This reduced the workload of the marketing side to a great extent. However, the development side still had to toil hard to ensure that the quality of the program was not compromised.

This led to a degree of discontent amongst those who were not from the marketing side. Even the employer believed that their presence was just an added cost and they were not contributing their pays worth. However, the marketing side felt that as long as there were sales, their job role was being fulfilled.

Now, both sides have two choices: either they get into a lawsuit or mediate and reach a settlement in an amicable manner.

As court proceedings are public, the same can bring a lot of bad publicity to the business. Further, they divert management’s attention and are expensive. Taking the matter to court will be expensive, and none of them wants any bad publicity.

On the other hand, mediation can serve as the most appropriate option for them. It would provide them with an out-of-court solution that would also be confidential. Further, the presence of an impartial mediator would allow each side to present their views effectively. This would lead to a constructive discussion of the roles, responsibilities, and expectations. They can then make an informed choice about the future course of actions.

Therefore, going to mediation is a better option for parties that want to resolve the dispute in a confidential, economical, and expedited manner.

mediation for employment

Case studies

employment disputes

Dispute Related to Wrongful termination

A female employee was terminated by her employer as she refused to work overtime because she was in her maternity phase as she had recently given birth to her first child. The termination came down hard for her as she lost her livelihood at a time when she needed it the most. However, she made up her mind that this job was important to her, and she had to get it back. This created a dispute between her and her employer.

Her primary contention was that working overtime was never a part of her job description. She did it out of goodwill. However, the employer’s contention was that he required certain people to work overtime when the new stock arrived at the warehouse. It isn’t feasible for him to employ someone new just for those few hours. Therefore, he needs someone who can do overtime.

Now, the parties have two choices: either they get into a lawsuit or mediate and reach a settlement in an amicable manner.

The lawsuit would cost the parties a lot more and would be a time-consuming process, something that both the parties would not want to get into.

However, mediation would allow both the parties to sit down together and understand each other’s side of the story. The mediator can allow help both parties understand the legal framework related to employment laws. Taking all these factors into consideration, the parties can discuss possible solutions. The mediator can then analyze all the solutions for the parties. Finally, the parties can make an informed decision to settle and move on with their lives and jobs.

Therefore, submitting the dispute to mediation would be a win-win for both parties.

mediation for employment

Dispute related to issue with roles and responsibilities

During its initial years, a software company employed a team of 4 people to market and develop a new program. All the 4 worked extremely hard to establish the company. Things went on fine, and after a few years, the company was established in the market.

With this, the need for marketing slowly reduced. Most of the clients reached out to the company themselves. This reduced the workload of the marketing side to a great extent. However, the development side still had to toil hard to ensure that the quality of the program was not compromised.

This led to a degree of discontent amongst those who were not from the marketing side. Even the employer believed that their presence was just an added cost and they were not contributing their pays worth. However, the marketing side felt that as long as there were sales, their job role was being fulfilled.

Now, both sides have two choices: either they get into a lawsuit or mediate and reach a settlement in an amicable manner.

As court proceedings are public, the same can bring a lot of bad publicity to the business. Further, they divert management’s attention and are expensive. Taking the matter to court will be expensive, and none of them wants any bad publicity.

On the other hand, mediation can serve as the most appropriate option for them. It would provide them with an out-of-court solution that would also be confidential. Further, the presence of an impartial mediator would allow each side to present their views effectively. This would lead to a constructive discussion of the roles, responsibilities, and expectations. They can then make an informed choice about the future course of actions.

Therefore, going to mediation is a better option for parties that want to resolve the dispute in a confidential, economical, and expedited manner.

Mediate with Lex

A mediation with Lex is an efficient way to address any contract dispute. We are presently conducting mediation solely by Zoom. It is hoped that in person sessions will resume by 2022. Call us today at 201-252-7000 to discuss how we can help.