Mediation, Sins and Strategies

Employment mediations are often stressful, tiring and unsatisfying, but they don’t need to be, writes Littler Mendelson attorney Jaffe D. Dickerson. To maximize the chances of a successful mediation, he suggests strict observation of five commandments, starting with “Thou shalt not fail to do thy homework.” It advises: Prepare like you are going to trial.  Another on the list, and often crucial in mediation: “Thou shall not bring pessimism, personality conflicts and past grievances to the bargaining table.” When mediation is done right, the writer says, both sides walk away feeling they gave away more than they wanted, but got what they really needed – especially, closure.