Mediation in Employment Law Cases

Presented by the ISBA Employment, Labor & Benefits Law Section

On-demand
1.0 hr. CLE/CME

About the program

Mediation through the services of a registered civil mediator with experience in employment law issues and litigation can be a very efficient and effective method for resolving employment law disputes, both prior to and subsequent to the commencement of litigation. In this seminar, we will present all aspects and best practices of the mediation process from the standpoint of all parties involved, including Plaintiffs, Defendants and the mediator. Special considerations that often apply to employment law cases will be addressed, including, but not limited to, the following:

• The concern by Defendants in most areas of employment law that a judgment in favor of Plaintiff will result in the payment of all or a substantial portion of Plaintiff’s attorney fees.
• The opportunity for mediation at an early stage, prior to litigation or prior to the complete litigation discovery process. 
• The high standard for Plaintiff’s burden of proof in certain cases requiring “but-for causation."
• Case evaluation in respect to the filing of Summary Judgment on all or a portion of Plaintiff’s claim.
• The extent to which a Plaintiff and, in many cases, the Defendant may be emotionally invested in the outcome of the case and how this may affect the mediation process.
• The consideration of the cost of defense by Defendant and, in the usual case of a contingent fee arrangement, the time and expense incurred by Plaintiff’s counsel, as well as the potential payment of costs by Plaintiff in the event of a defense verdict. 

The issues and concerns that often arise in the settlement of employment law cases will be discussed, as well as the mediation process in general.

Speakers:
James E. Daugherty, Law Offices of James E. Daugherty
Robert J. Dignam, O’Neill McFadden & Willet LLP

This program is geared toward employment law practitioners and mediators.

Pricing

ISBA members: Included with membership
Non-members: $75

Invest your CLE dollars into an ISBA membership and receive this, and other programs in ISBA's Member Benefit CLE Library, at no additional cost.

Program link

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