
Disputes in the workplace can create a hostile environment for everyone, especially when matters escalate to the point where litigation becomes a real possibility. Rather than going to court to resolve a workplace conflict, you can consider mediation. A Tampa employment law mediation lawyer can facilitate negotiations between employees and employers, acting as an unbiased intermediary to reach an amicable resolution.
Employment law mediation is a form of alternative dispute resolution that keeps the conflict out of court, saving both time and money for the parties involved. Mediation is managed by a neutral third party who gives each side a chance to state their case, share evidence, and detail what it might take to settle the matter. From there, the mediator guides the parties through negotiations, working to create an agreement that satisfies both parties.
Mediation is an alternative to litigation, allowing parties to reach a binding agreement that may not have happened if the case were decided by a judge or jury. If you need an experienced mediator, turn to the Law Offices of Gary A. Costales, P.A.
Mediation is not always required to settle disputes, but it’s often encouraged by courts or report collection agencies before cases can move to trial, and many parties opt for mediation before ever even filing their cases. Given the role of mediation, it’s important to familiarize yourself with key statistics about this process.
After a successful career as an administrative judge with the Equal Employment Opportunity Commission and an EEOC trial attorney, Gary A. Costales opened his practice in Miami over 20 years ago. As an attorney, he represents both employees and employers in litigation, giving him unique insight into mediation. Because mediation requires the intermediary to be unbiased, his experience representing parties on both sides allows him to remain neutral.
In addition to his professional experience, Mr. Costales is among the fewer than 200 Florida attorneys certified by the bar in labor and employment law. You can trust your employment law mediation case to the Law Offices of Gary A. Costales, P.A.
There are numerous benefits to choosing mediation to resolve workplace conflicts over litigation. For one, mediation is cheaper and faster. You don’t have to pay attorney costs or court filing fees when you choose mediation. You only have to pay the mediator’s costs, which the parties typically split to promote fairness. In addition, mediation can be over in days or weeks, rather than the months or even years that court cases can take.
Mediation is also private and confidential, unlike court cases. What’s more, the focus is on reaching an agreement that both parties are satisfied with, rather than on winning. This means the parties’ relationship can be preserved once the case is resolved. Additionally, mediators can be more creative in their problem-solving, offering unique solutions that courts may not be able to provide.
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Yes, a mediated settlement agreement can be enforced like a court order, so long as it is put in writing and signed by both parties. This agreement is a contract, and like any contract, it can be enforced. If mediation occurred independently of the court, you can file a legal claim to force compliance. If mediation were court-mandated, you could petition the court to enforce the settlement if there are any breaches.
If mediation does not result in an agreement, the charging party retains the right to take the matter to court. The parties may also pursue alternative dispute resolution methods, such as arbitration or a renewed mediation attempt. If mediation fails, it’s wise to take some time to evaluate your options and receive legal advice before proceeding.
A mediator remains neutral while guiding both parties toward resolution by listening to both sides, prioritizing communication between the parties, and ensuring both sides have equal time to speak. Mediators are not decision-makers like judges, and parties can refuse the agreement at any time.
Many mediators are certified professionals and are trained to remain unbiased. However, if you feel your mediator is showing favoritism toward the other side, you don’t have to continue the proceedings.
The cost to hire a Florida employment law mediation lawyer varies depending on the experience of the mediator and the complexity of the case. If a case is complicated or the parties are unwilling to cooperate, it may take longer to reach a resolution. An experienced meditator with a high success rate typically charges more. Keep in mind that the cost of meditation is generally lower than the cost of taking the matter to court.
If you’re unsure about taking your workplace dispute to court, hire an employment law mediation lawyer to facilitate negotiations and help you reach an amicable resolution. A Tampa employment law mediation attorney can serve as an unbiased intermediary, allowing employees and employers to settle disputes peacefully, quickly, and quietly. Whether your case involved wrongful termination, discrimination, harassment, or pay discrepancies, a mediator can help.
Contact the Law Offices of Gary A. Costales, P.A., today to learn how we can mediate your workplace dispute and help you move past this conflict. Mr. Costales knows Florida’s employment law mediation laws and has the knowledge and experience to create an agreement that both sides can be happy with.
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Miami, FL 33143
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Boca Raton, FL 33432