Mediation@Work specializes in mediation of employment, construction and business disputes throughout Ohio, including Cincinnati, Cleveland, Columbus and Dayton.

Pre-Litigation Mediation


Litigation is expensive, and most litigated cases normally end in settlement.  As a result, more and more parties are deciding to mediate disputes before a lawsuit is filed.  This is particularly valuable in the types of disputes normally mediated by Mediation@Work.

There are many advantages to mediating workplace disputes without a lawsuit being filed:
 

  • Confidentiality.  With limited exceptions, every piece of paper filed in a court case becomes a public record for other employees, customers, competitors, prospective employers, and government agencies to see.  It may jeopardize or increase the cost of obtaining a loan, a bond or insurance.  Anyone with a computer can access these records-including friends, family and neighbors.  Nobody knows what will appear in the press, on the internet, or in social media.  Once filed, it is impossible to “un-file” and you can’t put the genie back in the bottle.  The filed court documents become a part of a party’s permanent record, and literally can haunt them for years to come.  It can harm both sides to have their “dirty laundry” aired in public.  In employment disputes, it can make it more difficult for the employer to recruit good workers, and damage the future employment prospects of the employee. 

 

  • Relationship Preservation.  A lawsuit usually will irretrievably destroy any prospect of a mutually beneficial ongoing relationship between the parties. On the other hand, resolving a dispute without litigation actually can make the relationship stronger.  Studies have shown that when a business satisfactorily resolves a complaint, customer satisfaction is higher than it is when there was no complaint to begin with!  Pre-litigation mediation of employment disputes especially makes sense when there is an ongoing employment or business relationship or where the parties will continue to operate in the same business sphere on behalf of a competitor, customer or governmental entity.  Furthermore, the relationship preservation concern does not end at the parties to the dispute.  Litigation can also damage relationships with customers and other employees who believe a party should resolve their own problem without dragging others into the dispute.

 

  • Minimizing the Disruption.  Litigation is extremely disruptive to the lives and business of those involved.  This is not only true for the parties but for others that will be dragged into the dispute against their will.  All of a sudden a party may find that the court case has become the centerpiece of their life, and everything else has to be scheduled around court appearances, depositions and appointments.

 

  • Keeping Control.  Filing a lawsuit is a lot like calling the police.  It may be necessary, but once they appear, you no longer are in control.  By mediating before suit, you are maintaining control over your case.  A lawsuit always can be filed later, but that probably won’t be necessary if both sides are motivated to avoid it.

 

  • Minimizing Costs.  Lawsuits are expensive, and litigation costs are unpredictable.  And the vast majority of lawsuits end up settling at some point.  It makes sense to see if the dispute can be resolved before all of that time and money is spent.  A party has everything to gain and very little to lose.


Keeping you out of court before the case even gets started-that’s Mediation@Work!



Mediation@Work specializes in mediation of employment, construction and business disputes throughout Ohio, including Cincinnati, Cleveland, Columbus and Dayton.