Preparing your employment case for mediation is a process that requires due seriousness. It is not unlike preparing for a trial, albeit there are some distinct differences you will come across as you make preparations for mediation. This article focuses on these critical differences and the necessary steps you need to take when preparing your employment case for mediation.
Firstly, it’s crucial to understand the unique aspects of mediation in comparison to trial. With a trial, you present your case to an adjudicator or a jury, with a clear focus on adhering to the rules of evidence and procedure. However, mediation is a less formal process with an emphasis on conciliation rather than adjudication. Here, the goal is to find mutual ground and reach an amicable settlement out of court.
In preparing for mediation, attorneys must focus on the damage done and the suitable compensation for it, rather than just on the legality of the situation. Therefore, a keen understanding of the client’s expectations and a deep insight into their emotions is paramount.
Another aspect to consider during preparation is what the party on the opposing side may anticipate. It’s necessary to understand their possible expectations and responses so that a better negotiation strategy can be crafted.
Moreover, it’s important to keep in mind that detailed preparatory work is always rewarded in mediation. This includes bringing all pertinent documents, preparing a well-articulated opening statement to set the tone of the negotiation, and having a well-researched idea of the settlement range.
In conclusion, while the approach to mediation differs from that of a trial, both require thoughtful preparation. Engaging in thorough preparation for employment case mediation can increase the chances of reaching a satisfactory resolution for all parties involved.