Whether it is a result of a lack of substantive knowledge of employment law
or a purely facilitative style, some mediators fail to give the facts and
the law appropriate consideration in employment-related disputes.
Having litigated numerous employment cases for defendants and
plaintiffs, Mr. Smith understands the importance of the facts and law
involved in each particular employment-related case, and does not believe a
case can be properly mediated without thorough consideration and,
generally, evaluation of the strengths and weaknesses of the parties'
positions. Thus, knowledge of employment law and related litigation is an
extremely valuable asset that Mr. Smith brings to the mediation table.
However, the facts and the law are rarely the only things that matter
in resolving disputes. Generally, there are interests other than pure
dollars involved in what are often cases abounding with emotionally driven
issues. Thus, Mr. Smith engages the parties in creative problem-solving
aimed at using every tool that may be available to resolve a dispute.
Although he does not believe, as some might, that it is realistic to expect
the parties to leave the mediation with their relationship as it was prior
to any dispute, Mr. Smith does try to address all issues involved in the
dispute and focus on acceptable but realistic resolutions not only as such
relate to settlement dollars, but as they relate to satisfying the varying
interests of the parties.
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