Orlando Employment Law Mediation Lawyer

Orlando Employment Law Mediation Attorney

When facing a workplace conflict, many employees think that taking the matter to court is their only path towards resolution. However, alternative dispute resolution methods, such as mediation, exist, allowing parties to avoid litigation. Mediation is often faster and cheaper than going to court, but the benefits don’t stop there. If you’re looking to avoid litigation to settle a conflict, an Orlando employment law mediation lawyer can help you reach a resolution.

About the Law Offices of Gary A. Costales, P.A.

With over 100,000 licensed attorneys practicing in Florida, fewer than 200 are board-certified in labor and employment law. Gary A. Costales is part of that group and can apply his knowledge and experience as a mediator to your case.

Mr. Costales has worked as both an administrative judge and an attorney in various types of employment disputes, giving him unique insight into conflict resolution. He’s a certified mediator with over two decades of experience in employment law.

The Law Offices of Gary A. Costales, P.A., handles a wide range of employment law matters, including discrimination and harassment, breaches of contract, and wrongful termination. Mr. Costales’s extensive litigation experience helps him approach employment law mediation cases more objectively.

How a Mediation Attorney Can Help

Whether recommended by the court or decided upon by both parties before a case ever gets filed, an Orlando employment law mediation attorney can oversee the process. A lawyer can help both parties communicate to get to the heart of the dispute, allowing both sides to present evidence and make their cases confidentially.

Mediation is particularly effective for dispute resolution, with the Equal Employment Opportunity Commission achieving a 71.2% success rate for mediation in 2024.

As an unbiased intermediary, an attorney can encourage both parties to be forthcoming and help them reach a mutually beneficial agreement. Unlike a judge or arbitrator, a mediator doesn’t rule on the matter. Instead, they negotiate and present potential resolutions that the parties must agree to before they become binding.

Mediation Vs. Litigation

Litigation and mediation differ in structure, time, and cost. In litigation, disputes are resolved by a judge, jury, or arbitrator. Both sides, or their legal teams, present evidence to make their case, and the court decides. The case is at the mercy of the court’s schedule, which can take months or even years to settle. What’s more, the facts and outcomes of these cases are available to the public.

Conversely, mediation is entirely private and confidential. A mediator comes in to listen to both sides and negotiates to help them reach an amicable agreement. By avoiding the court system, both parties save time and money. Neither side has to worry about hiring a legal team or court filing fees, and the process is often much faster than going to trial, especially if the parties are cooperative.

Mediation is often preferable, with 96.4% of participants reporting they’d undergo mediation again.

Benefits of Mediation

Mediation offers many benefits that are not available through litigation for both employees and employers. These benefits include:

• Mediation is typically cheaper than litigation.
• Mediation proceedings are faster.
• There is increased control for both parties.
• Mediation is confidential.
• Parties typically feel less stress.
• Mediation allows for more creative resolutions.

Perhaps one of the greatest benefits of mediation is the parties’ ability to reject the proposed resolution. If the parties reach an impasse, they’re entitled to take the case to court. Not only does that mean they have increased control during mediation, but it also means the process is not final if an agreement cannot be reached.

FAQs

How Confidential Is the Employment Mediation Process in Florida?

The employment mediation process is highly confidential. In fact, Florida Statutes Chapter 44 highlights the confidentiality of mediation proceedings and details the repercussions for violating it. Punishments can include paying equitable relief, compensation, and any legal fees related to the case. It’s important to note that the agreement you reach during mediation must include a confidentiality clause to prevent disclosure.

What Should Employees Bring or Prepare Before Attending Mediation?

Before attending mediation, employees should gather relevant documents, such as emails, contracts, and performance reviews, that help prove their case. They should also prepare for questions they’ll likely be asked about the matter. Arrive with a goal in mind. It’s difficult to negotiate when you don’t know what you want or what you may be entitled to.

Are Employers Required to Participate in Mediation in Florida Employment Cases?

In many employment cases, Florida courts require the parties to attempt mediation before the matter goes to trial. This is particularly true of reports made to the Equal Employment Opportunity Commission regarding discrimination or harassment. Similarly, all workers’ compensation claims must first go through mediation. Even if it’s not mandated, mediation is often encouraged at some point in the legal process.

How Long Does a Typical Employment Mediation Session Last?

How long an employment mediation session lasts can vary depending on the complexity of the case and the willingness of the parties involved to cooperate. Some sessions can be over in as little as an hour, while others can take multiple hours without making any headway. That’s why it’s important to come prepared with facts and a goal in mind. The more prepared you are, the faster your session may go.

Hire an Orlando Employment Law Mediation Lawyer

If you’re in the middle of a workplace dispute but don’t want to take the case to court, hire an employment law mediation lawyer from the Law Offices of Gary A. Costales, P.A. Attorneys are familiar with the state’s employment mediation laws and can serve as a neutral third party to help employees and employers reach an agreement. Whether your dispute involves harassment, discrimination, wage issues, or wrongful termination, our team can provide mediation.

Contact us today to learn more about our services and how we can put our experience and knowledge to work for you. Our legal team is ready to help you resolve your case.