The Process of Mediating Employment Disputes in Beverly Hills CA
Employment disputes in Beverly Hills California can get nasty and expensive. They may be based on claims of discrimination, harassment or illegal wage and hour processes, among others. Conscientious business owners often handle such employment disputes in Beverly Hills California through the process of mediation.
Mediation is an alternative to litigation. It does not involve a judge or jury. Instead, the process is led by a third party neutral called a mediator. This individual gathers information from each party before and during mediation. He or she then considers each party’s respective positions while facilitating communication between them.
The mediator often tackles one issue at a time. He or she then uses this progress as a point to work from to help resolve other issues. During each interaction, the mediator learns more about the interests of each party. He or she may make recommendations based on these interests, such as making a concession in one area that is not important in order to receive something back that is valuable. For example, an employer may agree to provide a letter of recommendation for a former employee in exchange for reducing an item in a severance package. An employee may agree to switch shifts in order to receive a higher rate of pay.
Mediators encourage the parties to propose different settlement provisions. The process of mediation is completely voluntary and the mediator cannot bind either party to terms that they do not agree to. Due to the parties’ ability to enter into any legal agreement, the parties are often able to resolve a claim in a much more creative fashion than a court ruling would provide. This can help employees and employers add details in their agreement that matters to them most.