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The Room Where Mediation Happens: 2020 Insights For A Successful Employment Dispute Resolution

Wednesday, 12th March 2020

"The New York Law Journal Alternative Dispute Resolution Labor and Employment Special Report - February 2020

Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room where it happens” – that is except for the mediator! As the song references, Hamilton along with Jefferson and Madison, convened in a room where a political compromise was reached. And compromise is indeed what makes for a successful mediation.

Employment matters generally involve parties who know one another, and therefore are more susceptible to emotional and irrational decisions. However, paradoxically, that is also why employment disputes are appropriate for mediation and why, with an adept neutral, a positive outcome can be achieved that suits all parties.

The reasons why mediation will result in a “win-win” for all sides are many, but before anything can happen, the parties must get into the room. And depending on your client’s situation, different motives will be more applicable and compelling when developing a mediation strategy.

Following are some insights to help your mediations in 2020 be successful, regardless of the party you represent."

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Language: English
Contact: Rhonda Epstein

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