Now that the initial resolutions have been made and broken, let’s talk about two New Year’s Resolutions for “serious keeping” concerning informal resolution of your labor/employment caseload:
- Don’t just walk away from mandatory arbitration cases. These are too ubiquitous for “automatic disqualification” for your representation, Instead, insist on a neutral with a proven track record of being fair and impartial.
- Give early mediation a shot. With a qualified mediator who requires the parties to divulge and exchange information and to seriously assess the opposing party’s perspective, early mediation can be equally if not more effective than later mediation (when there is less flexibility and fewer unknowns).