Skills for Preparation & Effective Representation in Employment Mediations

Mediation is an unparalleled dispute resolution mechanism for employment disputes. Its capacity for handling emotions; building understanding and deal-making; bringing parties together in a confidential process – faster, and with lower cost and disruption –  has drawn the attention of claimants, employers and EPLI insurers alike.

In a program moderated by Simeon H. Baum, President of Resolve Mediation Services, Inc. (www.mediators.com), experienced employment counsel Andrea Papparella and Lou Pechman give sound advice on how best to represent parties in employment mediation. Ms. Papparella and Mr. Pechman, embracing experience representing claimants and respondents, share their tips and cautions on how best to prepare for mediation, engage in effective opening statements, decide on whether to use joint session or caucuses, engage in productive negotiations, bring home strengths of their legal alternatives, dig for interests, handle emotions, guide their clients, get past impasse, and bring home a reasonable resolution of their matters. 

Learning Objectives:

I.     Select an appropriate mediator and prepare the client for mediation

II.    Understand the Employee's and Employer's BATNA

III.   Identify legal and deal alternatives to a negotiated agreement

IV.   Develop an effective mediation plan, including: 

       A. Reasonable aspiration level, moderate and walkaway deals

       B. Gather and produce key information

       C. Develop effective pre-mediation statements

       D. Conduct effective pre-mediation telephone conferences

       E. Get the proper parties to the table 

       F. Effective opening statements in mediation

       G. Appropriate use of joint sessions and caucuses

       H. Making the best use of the mediator

        I. Making the best use of clients and representatives during mediation

V.    Handle client communications in the mediation process

VI.   Communicate efficiently with adverse parties

VII.  Effectively negotiate through mediation, including developing, delivering, and assessing deal proposals

This course originally appeared as a part of our June 2016 Bridge the Gap Event.