Are you locked in an employment law dispute in Nevada? Whether it is over a discrimination claim, wage and hour complaint, or a contract issue, it is crucial that you take a proactive approach to protect your rights and your interests. Of course, not all disputes end up as a big fight. Mediation may be an effective tool to help you resolve a contentious matter with an employer. At Ace Law Group, we have extensive experience representing employees in employment law mediation in Nevada. Our team wants to make sure that you are properly prepared to take on the process. In this article, you will find an overview of what to expect during employment mediation.
What is Mediation?
Mediation is a form of non-binding alternative dispute resolution (ADR). It is used in a number of different legal contexts, including family cases, business disputes, and employment law. The Nevada Department of Administration Human Resource Management explains that mediation is “an informal confidential and voluntary process in which a neutral third party assists disputing parties in reaching a resolution.” Unlike a judge or an arbitrator, the mediator does not decide the case but facilitates discussions and helps clarify issues to foster understanding and agreement. The process is often faster and less expensive than going to court.
The Goal of Employment Mediation: Resolution
Entering mediation may be a good option to address a number of different employment law cases—from discrimination claims to wage and hour complaints to wrongful termination disputes. The primary goal of employment mediation is to achieve a resolution that is acceptable to all parties involved in a dispute. You are not required to reach an agreement during mediation. The mediator has no authority to make the employer and employee come to terms. With that in mind, mediation is designed to be a process to help facilitate a settlement. It emphasizes collaboration over confrontation. While mediation can be especially effective in cases where the parties have some common interests, high-conflict employment disputes have been solved through mediation.
How the Process Works: What to Expect During Employment Mediation in Nevada
How does the mediation process for an employment law dispute actually work in Las Vegas? The answer will depend, somewhat, on the specifics of your case. You should always be represented by an attorney who is familiar with mediation. Employees going through mediation need to know exactly what to expect. Here is a more detailed overview of the six key stages of the process:
- Agree to Mediation: You are not required to mediate an employment dispute. Likewise, an employer does not have to enter mediation. The first stage of mediation comes before any formal meeting between the parties. It involves the employer and the employee agreeing to participate in the process. Remember, mediation is not required by law. While it may be encouraged by state or federal regulators, employment law disputes do not have to be mediated unless there is a contract stating otherwise. Agreeing to mediate is a big step in itself as it sets the foundation for a cooperative approach.
- Select Mediator: Once mediation is agreed upon as the right approach, the next step is selecting a mediator. The choice is vital. You need the right mediator for your case. A mediator’s skill, experience, and overall approach can influence the outcome. Parties may choose a mediator with specific experience in employment law or someone they mutually trust to be impartial. Your Las Vegas employment attorney can help you evaluate and pick the right mediator for your case.
- Preparation: Before the day of the mediation, it is crucial that you have your case well-prepared. A Las Vegas employment attorney can help you investigate the matter and get organized. You need to make sure that you understand the claim(s) you have against your employer, have strong supporting evidence, and know what it would take from your employer to agree to settle your claim.
- Opening Statements (Often): In the mediation session, both parties will usually have the opportunity to make an opening statement. However, that is not always required. These statements outline each party’s perspective on the dispute and their desired outcomes. In some cases, they are lengthy. In most cases, they are relatively brief. The mediator may also make an opening statement to set the rules for the mediation
- Sculptured Negotiations: The heart of employment mediation is structured negotiations. Indeed, the process often involves tailored negotiations facilitated by the mediator. The mediator’s role is to help identify areas of agreement and contention—and explores potential compromises. How this will proceed varies widely from case to case. The mediator might hold private sessions with each party (caucuses) to delve deeper into interests and options for resolution. With some employment mediation cases, most of the process is actually the mediator going from private session to private session. In other cases, the parties stay together for most of the session if they can make progress while doing so.
- Reach Settlement or Explore Other Options: The final stage culminates in either reaching a settlement or deciding to explore other options if a settlement is not feasible. If an agreement is reached, it typically includes terms both parties have crafted and consented to, which can then be legally binding. If mediation does not result in a settlement, parties might consider alternative measures. They could try another form of negotiation, attempt another round of mediation, or the employment law case could potentially be headed to litigation.
How Our Las Vegas Employment Mediation Lawyers Can Help
Mediation can be a great tool to resolve an employment law dispute. It also works most effectively when you are fully prepared for the process. At Ace Law Group, we want to make sure that you know what to expect when you enter mediation. With a proven record of verdicts and settlements in complex cases, our employment law team is driven to obtain the best possible outcome for workers in Nevada. We are here to help you navigate the complexities of the mediation process.
Contact Our Las Vegas Mediation Attorneys for Employees Today
At Ace Law Group, our Las Vegas mediation lawyer for employees is an experienced, reliable advocate for clients. If you have any questions or concerns about the mediation process, we are here to help. Call (702) 333-4223 or contact us online for your completely confidential, no-obligation initial case review. From our Las Vegas law office, we provide employment mediation services to workers in Clark County and throughout all of Nevada.