Is Employment Mediation More Predictable Than Litigation?

One of the biggest unknowns in a workplace dispute litigated case has to do with the outcome.  There are many factors that could influence the outcome of work benefits or work conditions conflict, and it’s nearly impossible to predict how the case will end at the outset.  The case in which the court is heard, the attorney representing the other party, and the judge presiding over the case can all have a significant influence on the outcome.

Perhaps you are considering taking your workplace dispute to mediation instead of litigation and are concerned about whether you can know what happens in this form of neutral dispute resolution.  Mediation can be significantly tailored to the needs of the parties involved, so you have a much better chance designing a process and agreement that is more in line with your needs as opposed to an outcome you might receive in litigation.

As a result of this customization, it’s not necessarily true that mediation is more predictable than litigation.  There are some aspects of mediation that tend to be common to a wide range of workplace conflicts, however.  Examples include the opportunity to air your concerns and discuss primary conflict points in a neutral setting.  With the confidentiality provided by mediation, both employers and employees tend to be more comfortable discussing the issues at hand.

Additionally, there is a far greater likelihood you will improve communication skills with the other party, even if you go your separate ways at the end of the dispute.  In many cases, it’s not necessary to inflame the conflict any further by arguing between your lawyers in court.  When you believe that you can benefit from mediation, it’s a wise decision to opt to work with the other party outside courtrooms.