When we hear mediation, we often think of divorce or custody. Perhaps, however, it’s really just a tool for finding compromise or getting closer to an agreement between parties. Alternative dispute resolution (ADR), or mediation, has emerged as a central method for addressing conflicts, both within severance disputes and personal injury claims. Across the board, mediation is a less costly, speedier, and more clandestine approach to a dispute, especially compared to litigation. With severance disputes, mediation facilitates open discussions toward fair compensation while keeping professional relations intact. In personal injury cases, mediation allows parties to negotiate settlements without the emotional and financial toll of courtroom battles.
SANFORD A. KASSEL, A Professional Law Corporation, is an employment and personal injury law firm based in San Bernardino. With a combined 50 years of experience, our attorneys have consistently served California, as reflected in the satisfaction of our clients and their testimonials. With this proven track record, we are confident that our personal injury attorneys can assist you.
Mediation for Severance Disputes
In California, severance disputes can arise when an employer and employee disagree on the terms of an employee’s exit package. These packages often include salary continuation, benefits extensions, and waivers of claims against the employer. When negotiations stall, which does happen, mediation can step in as a neutral platform for resolving the conflict.
During mediation, both parties will meet with a neutral third party known as the mediator, usually in the case of severance and personal injury, one who is experienced in employment law. The mediator’s goal is never to arrive at the case’s verdict but rather to help the parties find mutually agreeable territory and solutions. Mediation can sometimes lead to really creative resolutions that a court may not offer, such as adjustments to severance payments, added benefits, or even possible re-employment opportunities. Further, mediation in severance disputes is entirely voluntary and confidential. If the process fails, the parties can still take their case to court.
One of the many benefits of mediation in severance disputes is the preservation of business relationships and stature. Often, severance negotiations occur with executives or long-time employees, and mediation enables the maintenance of professionalism and goodwill.
Mediation for Personal Injury Claims
Mediation is also commonly used to resolve personal injury disputes in California. Personal injury claims, which can arise from accidents, workplace injuries, or medical malpractice, often involve high stakes, including compensation for medical bills, lost wages, and emotional distress. In mediation, both the injured party, and the defendant (usually an insurance company or your employer) can negotiate without the stress of a trial.
Mediation in personal injury claims focuses on fairness and efficiency. The injured party gets an opportunity to present their story in a more relaxed, informal setting compared to court. The mediator, experienced in personal injury law, aids both sides in comprehending the strengths and drawbacks of the matter and the view and intricacies of the opposite side. Often, the developments can be settlements that avoid the financial burden arising from a trial. Moreover, mediation can expedite the coming of a resolution, bringing much-needed economic relief to the injured party more quickly than through the court system.
Benefits of Mediation Over Litigation
Both severance and personal injury disputes can drag out for months or even years in court. Mediation offers a way to resolve conflicts affordably and without public scrutiny and exposure. In California, mediation is encouraged as it promotes settlements that benefit each side. Legal costs reduce and because mediation is confidential both parties get privacy. Injured parties get peace of mind in personal injury cases, knowing the sensitive details concerning their health and wellness or their personal life won’t become public record. For employers, confidentiality can prevent negative publicity and the tarnishing of their reputation, which could emerge in court cases. In both severance and personal injury cases, mediation allows for more flexibility in crafting that greatly desired solution. Litigation is often narrowed to legal remedies, while mediation can result in mutually beneficial compromises.
The Responsibility of the Mediator
A key aspect of mediation is the role of the mediator. Unlike judges or arbitrators, mediators don’t make the decisions or, for that matter, the final rulings. Instead, the intermediary will act as a neutral facilitator and catalyst for resolution. In severance and personal injury cases, the mediator’s experience in employment law or injury law allows them to offer insight. They may pose questions and even suggest compromises. These strategies and their knowledge can help distill and examine vantage points of the issues at hand that the parties may have yet to consider. Since the mediator isn’t aligned with either side, both parties are more likely to trust the process.
Flexibility in Mediation
One of the unique advantages of mediation is its flexibility. A mediation’s layout is far less rigid than that of litigation, allowing both parties to participate in a less formal setting. The flexibility extends to scheduling, meeting location, and even the issues being discussed during mediation proceedings. For instance, in a severance dispute, a mediator may allow the discussion to blanket broader topics like future employer opportunities, which could be beneficial to both parties. Likewise, in personal injury cases, mediators can address the emotional and psychological impact of injuries, which may only sometimes be prioritized in court.
California’s Emphasis on Alternative Dispute Resolution (ADR)
California has long promoted alternative dispute resolution methods like mediation to help alleviate the pressures on its court system. Mediation is often encouraged or mandated in employment and personal injury cases to avoid sometimes cumbersome and, thus, lengthy litigation. The progressive and enlightened approach of mediation can empower both sides to be their best selves and ultimately attain a mutually advantageous and respectful outcome. If you are navigating a severance or personal injury dispute, exploring mediation might be your best option. Schedule a confidential and free consultation by calling our personal injury law firm at 909-884-6451 to learn how mediation can work for you.
