Tag Archives: wrongful termination mediator in Texas

Preparing for the Opening Session with a Wrongful Termination Mediator

Mediation for wrongful termination claims and other legal matters is used quite often. Mediation is a way for the employer and an employee involved in a wrongful termination suit to come to an agreement during mediation instead of going through a court battle.

The first thing lawyers for the employee and the employer to do is find a wrongful termination mediator in Texas to help with the mediation, and then start preparing for the opening session. The parties and their lawyers need to listen to the mediator in most things, because after all he/she is experienced on these matters.

At no time in the mediation, will the wrongful termination mediator in Texas, take sides. He/she is there as a neutral party to ensure that heads are cool and the parties bargain in good faith to attempt to reach an agreement.

When preparing for the opening session, the mediator will go over what the employee needs to bring and what the employer needs to bring as well. Both the parties and/or their lawyers are allowed to make opening statements when the mediation session begins, so everyone needs to prepare their statements in advance and know exactly what they want to say. If the parties and /or their lawyers come unprepared, it may cause the mediation to fail and result in an impasse.

Remember, the parties can end up in court, if the employee and the employer don’t come to terms during the mediation. So listening to the mediator is very important. Hiring a mediator is a process that requires research before making any decision.

Houston mediator, John W. Kelly, Jr., has been mediating wrongful termination cases since 1992, either as an advocate or neutral mediator. As an experienced wrongful termination mediator, he can assist the parties in identifying the strengths and weaknesses of their positions. Contact him today at 713-775-3003 or send him an email at johnkelly@experiencedhoustonmediator.com for a complimentary initial consultation.

How to Identify a Good Wrongful Termination Mediator?

No one wants to be engaged in a legal dispute over wrongful termination, and this is why parties on both sides may see the benefit to mediation. Mediation takes the conflict outside of court and empowers the parties to work together under the guidance of a neutral third party. Most of the time, this results in favorable agreements between the two parties at a reduced expense and time commitment. The resolution is often confidential.

A good mediator knows the benefits of mediation and works hard to ensure that the parties get the maximum benefit of alternative dispute resolution. Rather than promoting arguments between the two parties, a mediator actually has no stake in the final agreement but helps both parties cooperate in order to reach an agreement. A good mediator will be one who understands the issues behind wrongful termination but is also committed to seeing the dispute resolved sooner rather than later.

Be sure that the mediator you identify is comfortable adjusting the scope of the mediation to the needs of you and the other dispute party. This might mean caucusing with each party in separate rooms and shuttling back and forth with suggestions. An experienced wrongful termination mediator in Texas can have a significant impact on the outcome of the case if he or she knows how to structure the conversations effectively.

Ending an employment relationship between an employee and the employer is similar to a divorce. Employees and employers have a relationship like family. When the employee is separated from employment, it is similar to separation from the family. Emotions are involved. A good mediator knows how to handle these emotions, and help the parties deal with the separation as smoothly as possible.

Houston mediator, John W. Kelly, Jr., has been mediating employment discrimination cases since 1992, either as an advocate or neutral mediator. As an experienced employment mediator, he can assist the parties in identifying the strengths and weaknesses of their positions. Contact him today at 713-775-3003 or send him an email at johnkelly@experiencedhoustonmediator.com for a complimentary initial consultation.