Mediation Training: Employment Law

This segment provides practical tools and strategies for preparing for and succeeding in employment mediation. Topics include risk analysis, objective case evaluation of employment disputes, selecting the right mediator for employment matters, drafting effective mediation statements, mediator proposals, understanding mediation dynamics in workplace disputes, and crafting comprehensive settlement agreements in employment cases.

This training is created with a focus on Attorney Mediators.

This segment provides practical and nuanced techniques and approaches for engaging in evaluating employment claims during the mediation session, including the when, how, and to what degree to discuss strengths and challenges of each party’s case while delving into employment legal principles and factual merits, and engaging in a risk and damage analysis. Given the strong emotional components of these high-conflict employment disputes, this program will also discuss enhanced methods to minimize protracted negotiation and get to resolution in a more collaborative, respectful, and efficient manner.

This training is created with a focus on Attorney Mediators.

This segment explores approaches to mediating disputes related to state FEHA and federal anti-discrimination laws. It covers techniques for understanding the legal framework, recognizing implicit bias, and facilitating fair resolutions that respect the rights and dignity of all parties.

This training is created with a focus on Attorney Mediators.

This segment focuses on strategies for dealing with difficult personalities in employment mediations, emphasizing methods to overcome impasse and bad behaviors that may derail the process. The presentation will explore the role of mindfulness as a key tool in managing conflict and promoting resolution. Attendees will learn how to identify common roadblocks, understand high-conflict personalities, and apply mindfulness techniques to stay grounded and prevent escalation, ultimately enhancing the effectiveness of the mediation.

This training is created with a focus on Attorney Mediators.

This segment provides an in-depth exploration of the calculation of damages and the application of fee-shifting statutes in employment disputes. It covers the various types of damages that can be awarded, including compensatory, punitive, and general damages, and the criteria for awarding attorney fees under fee-shifting statutes. Learn how to effectively calculate and negotiate these elements to ensure fair and lawful settlements.

This training is created with a focus on Attorney Mediators.

This segment addresses how to effectively manage and navigate the emotional dynamics often present in labor and employment mediation. It offers strategies for mediators to support productive dialogue and resolution, emphasizing emotional intelligence and conflict resolution skills tailored to workplace disputes.

This training is created with a focus on Attorney Mediators.

This segment covers the unique aspects of mediating PAGA claims and class actions, often in the same case. Issues addressed include what to do when an employer tries to enter into individual settlement agreements pre-mediation with putative class members, whether to ask for a sampling of employee contact information, whether to circulate a draft MOU before the mediation, and what data/documents are essential to a meaningful mediation, and persuading the Court that the parties have performed their due diligence for the fairness hearing (Kullar analysis).

This training is created with a focus on Attorney Mediators.

This segment addresses the top 15 recurrent issues in employment mediations, equipping attorney mediators with the knowledge to handle complex challenges such as:

• Emotional distress damages
• Mitigation documents
• Punitive damages
• 1102.5 retaliation
• Supervisor strict liability
• Same actor defense
• Documentation in disability cases
• Pre-existing performance concerns
• Good faith settlements with joint tortfeasors
• New standard for harassment claims
• Need for catharsis
• Insurance coverage
• Insurance issues with commingled cases
• 558.1 individual liability
• Arbitration agreements
• Poverty defense/inability to pay
• 998 offers
• Recurrent issues in employment settlement agreements

This training is created with a focus on Attorney Mediators.

This segment addresses strategies for creating a safe environment for all parties, including when and how to involve external supports and services. Learn about the legal standards for harassment and defamation, strategies for addressing harm, and techniques for mediating these sensitive disputes.

This training is created with a focus on Attorney Mediators.

This segment begins by defining wrongful termination and examining the limitations of at-will employment, emphasizing that certain dismissals may violate public policy. It explores the critical role of public policy in employment law, highlighting protected activities such as whistleblowing and reporting illegal conduct. Additionally, the presentation addresses common employer defenses and provides strategies for mediators and attorneys to navigate this landscape effectively.

This training is created with a focus on Attorney Mediators.

This segment covers particular legal considerations when a mediated case involving claims of whistleblower retaliation.

This training is created with a focus on Attorney Mediators.