Mediation is a conflict resolution process in which an unbiased mediator tries to help the people settle their dispute out of court. These are some of the important advantages of mediation over other dispute resolution processes.
- Mediation is confidential. You can tell the mediator about all the important issues in your case, and he can’t tell the other side without your permission. And when your case settles, the terms will not be part of a permanent court record.
- Mediation is without prejudice. Nothing said or offered during the mediation can be brought up later in Court.
- You are in control. The purpose of mediation is to reach a settlement, but you, along with your attorney, make all the decisions. No judge will be imposing a settlement on you without your agreement.
- If you reach a settlement, you will have certainty about your case. Your case will be essentially over, and you not have to face unpleasant testimony by the other side and their witnesses. You can begin to get on with business again without a court case hanging over your head.
- Solutions can be creative. The parties can make decisions based on the specific circumstances of the dispute. A Judge is limited to specific decisions based on case law, precedents, and “cut and dry” solutions. Mediated settlements allow for as many creative solutions as can imagined.
- The cost for mediation is much less than the cost of going to trial. The longer a case drags on, the more it costs in attorney fees and court costs – not to mention the business costs of prolonged uncertainty.
Enticing Job Offers
Bad things can happen when job offers are too good to be true.
In the highly competitive employment market of today, employers desperate to hire proven talent away from their competitors, sometimes promise more than they are actually able (or willing) to deliver. This often leads to an unhappy lose/lose conclusion. The employee is in a new position that is clearly not working out after having left a position where they were very successful. The employer is faced with a bitter, disillusioned employee who is not performing to expectations. Under these circumstances employment is usually terminated.
Employers who believe that the financial costs of such a short-term misadventure will be minimal are often in for a rude awakening. Many employees who were lured away from positions in which they had seniority and success have successfully sued the employer who enticed them away from those positions. In cases where the courts have found the employers actions to be wanting, the damages have been substantial. In one such case, Antidori v. Blue Pumpkin, Ms. Antidori was awarded what would have been one year’s salary, commission, and bonus. She was also awarded legal costs. The total award? $320,000.00. She had only been employed by Blue Pumpkin Software Inc. for six months, but because she was enticed away from her existing high-paying position at another software company with promises of more money and better job security the court felt she was entitled to more than the two weeks severance offered by Blue Pumpkin.
References:
Ontario Superior Court of Justice – decision; 2004-09-22
Globe and Mail Newspaper, Article by Marjo Johne, May 11, 2005