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  • Writer's pictureDavid Manes

Top Negotiation Strategies for Mediation


Mediation can be an effective way to resolve employment disputes without going to court. This process involves a neutral third party who helps facilitate communication and negotiations between the employer and the employee. However, mediation can also be challenging, especially if the parties are not well-prepared. Here are some top strategies for negotiating with an employer in a mediation, with the assistance of an experienced employment attorney.

  1. Know Your Rights: Before you enter into a mediation, it is essential to know your legal rights. An experienced employment attorney can help you understand your rights and options, including potential legal claims that you may have against your employer. This knowledge will help you determine your bargaining position in the mediation and identify areas where you may be able to compromise.

  2. Prepare Your Case: It is critical to prepare your case thoroughly before entering into mediation. Your employment attorney can help you gather evidence, organize documents, and formulate your arguments. Being well-prepared will help you communicate more effectively during the mediation and make it easier to negotiate a favorable outcome.

  3. Identify Your Interests: In any negotiation, it is essential to understand your interests and priorities. What do you hope to achieve from the mediation? Your employment attorney can help you identify your interests and prioritize them, which will make it easier to negotiate a settlement that meets your needs.

  4. Listen Carefully: Listening is a crucial skill in any negotiation. During mediation, it is essential to listen carefully to the other party's concerns and interests. Try to understand their perspective and identify areas where you can compromise. Listening also helps build rapport and trust, which can be useful in reaching a settlement.

  5. Stay Calm and Professional: It is essential to remain calm and professional during mediation. Losing your temper or becoming emotional can undermine your bargaining position and make it harder to reach a settlement. An experienced employment attorney can help you stay focused and composed during the mediation.

  6. Focus on Solutions: In any mediation, it is important to focus on solutions rather than dwelling on the past. Rather than arguing about who is right or wrong, try to identify creative solutions that can benefit both parties. Your employment attorney can help you identify potential solutions and negotiate effectively with the other party.

  7. Be Willing to Compromise: Successful mediation requires a willingness to compromise. It is rare that one party will get everything they want. Instead, focus on negotiating a settlement that addresses your interests and concerns as well as those of the other party. Your employment attorney can help you determine where you may be able to compromise and find creative solutions that meet both parties' needs.

  8. Put the Agreement in Writing: Once you reach a settlement, it is essential to put the agreement in writing. Your employment attorney can help you draft a settlement agreement that outlines the terms of the settlement and protects your rights. A written agreement is enforceable in court and provides a record of the parties' intentions, which can help avoid future disputes.

In conclusion, mediation can be an effective way to resolve employment disputes. However, it is critical to be well-prepared and to have the assistance of an experienced employment attorney. With the right strategies and preparation, you can negotiate a settlement that meets your needs and resolves the dispute with your employer. Contact an employment attorney today to learn more about your rights and options.

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