Mediation - Tips for Resolving Your Employment Dispute in Florida

Mediation is an excellent tool for resolving employment disputes at an early stage. As a Florida Supreme Court Circuit mediator, I have seen many techniques that are both helpful and harmful to the process. Here is one example of a strategy that I have seen backfire:

** Starting negotiations at an unreasonable number outside the expected settlement range. For example, the initial demand is $550k in a case that settles 8 hours later for $30k.

In my experience, this tactic typically makes settlement process more time consuming, the parties get frustrated, and can sometimes stop negotiating based on an assumption that the other party doesn’t intend to resolve for a reasonable amount. This is not to say this strategy is never useful, but in many instances, can unnecessarily complicate negotiations and deter resolution.

Here are a few tips:

- Try not to start outside any reasonable range  

- Discuss expectations with your client before the beginning of mediation
- Have an idea of the range you would agree to settle the case, but be willing to make adjustments

- Settlement typically happens with both sides get into an uncomfortable monetary range- the Plaintiff doesn’t want to go so low, and the defendant thinks he is paying too much. This is where cases typically resolve.

- Understand that the negotiations may take all day to finalize- this is part of the process for some cases, especially where one party is emotional about the dispute.

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This is for informational purposes only, and does not constitute legal advice. This does not create an attorney client relationship. Karly Wannos is licensed to practice law in Florida only. Please consult with a lawyer before making any important decisions.