What Employers Should Know About Mediation in California

As defined within the 2024 California Rules of Court, mediation is a process through which a “neutral person facilitates communication between the disputants to assist them in reaching a mutually acceptable agreement.” Mediation is a highly effective tool to resolve a wide range of legal conflicts, including employment discrimination claims, wrongful termination claims, wage and hour cases, and contract disputes. Within this article, our Riverside County employment mediation lawyer for employers highlights key things to know about the mediation process in California.

Mediation is a Voluntary, Non-Binding Process 

Mediation is a non-adversarial method of alternative dispute resolution (ADR) for parties looking to reach an agreement. A key thing for employers in California to understand about the mediation process is that it is voluntary and non-binding. Participation in mediation does not obligate either party to concede to any terms unless they choose to do so. The flexibility in mediation allows employers and employees to openly discuss their issues without fear of automatic repercussions. Also, both parties retain the right to exit the mediation process without a settlement.

Comprehensive Preparation for Mediation is a Must 

Although leaving mediation without a settlement is generally not the desired outcome for employers locked in a dispute, it can result if neither party has prepared for the mediation process properly and thoroughly. To get the most out of the mediation process in California, proper preparation is an absolute necessity. How do you get prepared for meditation? Employers should:

• Consult with an experienced employment mediation lawyer;
• Get organized by gathering all relevant documents, records, and evidence;
• Understand the legal and practical aspects of the dispute;
• Develop a strategy and clarify points for negotiation and the desired outcome; and
• Determine with their counsel when it is appropriate to walk away from mediation without a settlement.

 The Role of the Mediator is to Facilitate a Settlement 

In California, the mediator—the person or persons responsible for managing the process—plays a key role in facilitating a settlement. To be clear, mediators in employment law cases in California do not make rulings and they are not empowered to impose a decision on the parties. Instead, mediators are tasked to understand each side’s perspective and guide the conversation toward constructive solutions. To do so, mediators use various techniques. Choosing the right mediator in your employment law case can make a big difference in the process and the potential of reaching a resolution.

 Specific Negotiations Between Employers and Employees Are Kept Confidential 

Mediation offers a confidential setting for negotiation, which is particularly beneficial in employment disputes. The confidentiality guaranteed as part of a mediation assures that the parties’ discussions, proposed solutions, and any admissions made during the mediation process are not disclosed outside the mediation session. Your California employment lawyer can help you keep negotiations confidential.

 Consult With Our California Mediation Lawyer for Employers Today

At Sloat Law Group, APC, we have the experience needed to represent employers in mediation. Also, Karen Sloat is a certified mediator who serves regularly as this neutral for disputing parties represented by other counsel. Our firm is committed to solving problems for businesses and organizations. Reach out to us by phone or contact us online to arrange your completely confidential initial appointment. Our firm represents employers in Coachella Valley, Riverside County, and throughout California.

Source: 

courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_852#:~:text=(1)%20%22Mediation%22%20means,person%20who%20conducts%20a%20mediation.