Mediation Law

Are you facing a legal problem at your place of employment but haven’t considered the benefits of mediation? Mediation is an alternative to the lengthy and costly litigation process. Using mediation is beneficial not only for the employee but also for the employer.

Here at Brunton Law Offices, we are here to help the metro-east with any of their mediation issues for both employers and employees. Michael Brunton has over 30 plus years in the practice of employment law mediation. His cases are primarily handled through the United States District Court for the Southern District of Illinois.

Mediation is the Best Alternative to Litigation

One of the most significant benefits of using mediation in employment law cases is that it can often keep an issue from entering litigation. Court cases can be expensive and lengthy, costing both employer and employee an excess of money and time. Another benefit of mediation is that it aims to resolve the situation before it ever has to go to court. Usually, these issues can be settled in only a single mediation session, providing a solution without a lengthy court case.

Mediation for a Variety of Labor and Employment Disputes

At Brunton Law Offices, our mediators can help with many different kinds of employment and labor disputes, including:

Labor disputes – To resolve strikes and other disputes between labor and management, mediation is a valuable tool. It can assist both sides throughout the process of collective bargaining.
Violations of employee rights – Mediation can help employers resolve employee’s right to privacy, infringement claims, family leave, medical leave, or reasonable disability accommodations.
Wrongful discipline or termination – Employees who believe that they have been fired without cause or inappropriately disciplined may turn to use mediation. This is to reach a fair settlement with their employer that addresses their professional and financial hardship.
Employee harassment and discrimination – Mediation can help employers and employees reach acceptable resolutions to claims of workplace discrimination and harassment. This can be based on disability, religion, age, sexual orientation, ethnicity, race, gender, sex, and other protected categories. Also, claims of retaliation for reporting a violation or filing a claim or complaint against an employer can be discussed.
Contract disputes – Mediation can resolve disputes over contracts for freelancers, temporary workers, employees, and other independent contractors. Issues commonly occur include breach of contract terms, late payments for work performed, and entitlement to benefits. Mediators can also help with unique issues related to executive and CEO contracts.
Hour and wage disputes – These types of disputes can include tips, commission, overtime pay, timely and full wages. Some disputes also involved the misclassification of an employee as being an independent contractor or vice versa.

Settlement Consultants

Successful mediation requires precise deadline adherence, specific attention to detail, and the willingness of both parties to come to a compromise. There is also an additional consideration that can be overlooked is having a well-prepared claimant. Working with a consultant during the mediation process can save you money and time by creating a solid financial plan, establishing realistic expectations, and preventing any impasse with the defense party.

Here are reasons why working with a consultant can help your case:

Developing a Financial Strategy:

Most people who file a claim will walk directly into their mediation with very little knowledge or understanding as to what their settlement options are. They also could be dealing with a defense broken who will explain alternatives, but they can expose the plaintiff’s law firm to possible malpractice liability if the plaintiff doesn’t feel fully educated on their options. Instead utilizing a settlement consultant before the mediation process is better as they will walk the claimant through all possible options. This includes market-based options, structured settlements, special needs trusts, and other options. These will increase the odds of having an agreeable resolution to the settlement.

Establishing Realistic Expectations:

The defense’s offer may be lower than the plaintiff believes. Breaking down future medical and financial requirements is the first step in making sure that all parties are on the same page. By asking the right questions including daily needs, life care plans, and finding any potential issues such as need-based government benefit eligibility and any outstanding liens. This is where the settlement consultant can make sure that the plaintiff’s expectations are met.

Preventing an Impasse:

The cost and time of lengthy litigations cannot be understated. This is why settlement consultants make excellent resources for coming up with solutions that work for all sides in a case. For example, a structured settlement annuity releases the defendant party from liability, which allows them to close the book on the case. For the plaintiff, it allows them to feel comfortable that all of their financial needs are being met for years to come. This is where the settlement consultant is able to ensure that the proper language is included in the agreement, protecting both parties.

Third-Party Mediation

You can resolve many types of civil cases without the need of a judge or stepping into the courtroom. At Brunton Law Offices we can help you and your clients both save time and money during the entire length of their case. By using a third-party mediator, your clients are able to reach an agreement with the other party in a civil and calm manner.

The Mediation Process

A proper mediator is someone who is a fully qualified lawyer who is knowledgeable about the laws that your client’s case is dealing with. This expertise allows them to assist your client in order to reach an agreement that follows laws and regulations. A mediator meets with both sides, listens to any desires or concerns from each side, and brings everyone together. They help create a space of communication and encourage both clients to reach their own conclusions. If it is needed, a mediator can give them possible solutions to their problems. However, they emphasize helping both clients determine what is best for them, given the specific situation.

Although the mediator is not the judge on the case, the agreement that is reached during the mediation process is held to the legal standards that are normally found in a courtroom. No matter what your clients decided on, it can be legally enforced in most civil cases, as some judges will recommend mediation over a hearing in order to save everyone money and time.

When to Use Mediation Services

Mediation is a great way to make civil cases go smoothly. A mediator is able to help both parties by ensuring that they are on equal footing and making sure they are on common ground. Examples of some cases in which having a mediator is beneficial include:
• Breach of Contract Claims
• Equitable Claims
• Landlord/Tenant Disputes
• Personal Injury Claims

All Types of Mediation Cases

There are several different types of mediation cases including the following.

Family and Dissolution Law

Divorce cases in Illinois are often submitted to mediation especially when both spouses jointly hire the mediator instead of hiring separate attorneys. If it is needed, their agreement can be finalized by attorney consultants and then filed with the court. This process is more collaborative than adversarial and more likely results in an agreement that both parties will honor going forward.

Business Disputes

No one understands the value of an early resolution more than business folks. Situations are not always just as simple as calculating the high costs of the alternative in order to reach an agreement. It often brings about an agreement that keeps the job going, which keeps the deal alive, and put the matter to rest in order to get back to business.

Estate and Trust Situations

These types of situations can last years in the court system. With costs of going to court exhausting the estate and/or inheritance that people are fighting over, and the possibility of alienating the family members from each other, mediation can help resolve this. Mediation allows for blocks to be dealt with early and often, allowing all parties to identify and evaluate the issues with are the most important to them.

Personal Disputes:

When there are situations that are too large to ignore but too small to justify hiring a lawyer, medication is a way to handle the lawsuit. It can help bring contractors, homeowners, neighbors, real estate professionals, and others together in coming to an agreement that goes through all of the possible options.

Who Should Mediate a Situation?

Deciding who should mediate can seem like a complex process when it is rather easy. As long as you can speak for your perspective and listen to the other side’s feedback and desires, then you should be the one to mediate.

If you are an attorney who is representing a client, you understand that mediation is well-known and not typically recommended for civil cases.

If you are a business professional that is in a dispute with a client or partner, go to mediation early in the dispute. This will allow you to end the argument in an amicable and friendly way, ending with a handshake.

If you are a neighbor fighting over a fence, driveway, or boundary line, or even dealing with a tenant/landlord dispute, you can use the mediation process to allow you to all live together in peace.

If you are a homeowner who is having an issue with a contractor over a project or a home buyer or a home buyer who has discovered undisclosed defects in the home’s infrastructure. Having an early mediation allows you to get to the root of the problem before the issue grows out of hand.

How Can Brunton Help?

Mediation is a legal alternative to the costly and lengthy process of litigation and overall benefits both employee and employer. At Brunton Law Offices, we use our over 30 years of experience to make sure you are getting the best mediation service in the metro-east. Contact our office today for an evaluation of your claims, and our lawyers will present you with the best options for pursuing your claims.

Based in Collinsville, IL, Brunton Law Offices serves the legal needs of Alton, Belleville, Collinsville, Cahokia, Edwardsville, Fairview Heights, Glen Carbon, Granite City, Maryville, O’Fallon, Troy, and the Surrounding Communities

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