Three Things You Should Know about Employment Mediation

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Mediation is a tool that disputing parties use to resolve their differences. It can be effective in a variety of situations, but is especially beneficial in the business world. It alleviates the need to use the courts and can make the process of resolving a dispute much easier for everyone involved.

Employment mediation makes it possible to resolve a number of different types of disputes, including those related to harassment, wage and overtime problems, and termination issues. It tends to be less expensive than other dispute resolution methods including litigation, and allows the problem to truly be resolved so professional relationships might, in some cases, have the best possible chances of continuing.

What do you need to know about employment mediation?

1. Mediators are Neutral
Mediators oversee the process and ensure that it is as efficient and effective as possible. They are neutral third-parties, which mean they have no interest in either side. In the case of employment mediation, the mediator might be appointed by the EEOC or be retained by the parties involved in the dispute. Many mediators are lawyers or former judges, but this does not have to be the case.

The important thing is that the mediator is able to remain impartial, and that he or she is capable of gaining an understanding of the dispute. It can be helpful to work with someone familiar with a particular industry, but this does not need to be the case.

2. Mediation Does Not Need to Be Binding
One of the greatest benefits of mediation is that it gives those involved in the dispute absolute power over the outcome. Mediators are there to guide them and help them explore their options to resolve the dispute, but mediators do not issue binding orders, as is the case with a judge or arbitrator.

It is possible for parties to agree that the outcome of the mediation will be binding once everyone has agreed to it. Once an agreement is reached, the court can be asked to verify the agreement and make it legally binding, but this only occurs if everyone involved is satisfied with the agreement.

3. Mediation Can Preserve Relationships
Relationships are important in business. They are the backbone of success and allow people to come together to achieve a common goal. When a dispute arises, it can create havoc for those directly and indirectly involved. This is often the case with employment disputes. Those directly involved are affected, but so are co-workers, clients, customers, and others involved with the business.

Mediation provides an efficient means by which to resolve a dispute, but it also gives everyone an opportunity to express themselves and have their opinions respected. This can go a long way in protecting the balance needed in the workplace for everyone to feel comfortable and confident when it comes to performing their job duties.

Employment disputes are fact specific. Mediation allows both parties, the employer and the employee, to apprise the other party of all facts that they believe are relevant to the dispute. As a result, a resolution might be achieved which allows everyone to walk away from the dispute feeling good about what occurred. For example, a possible resolution might include a “neutral” referral letter from the employer for the terminated employee to use in future job searches.

If you have an employment dispute that you would like to have mediated, please contact John W. Kelly, Jr. 713-775-3003. https://www.experiencedhoustonmediator.com/

Can Traffic Violations Be Mediated?

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Due to the widespread benefits of the process, mediation is being used in increasingly more diverse arenas, including in cases involving crimes or traffic citations. Mediation is often turned to when the parties involved do not want to go through the time, expense and effort of litigation, and traffic violations are no exception. Judges and prosecutors want to avoid trials and lengthy court proceedings and may recommend mediation to resolve a traffic dispute.

During mediation, the person who received the violation and a prosecutor or someone with the legal authority to resolve the case meet together with the help of a trained mediator. The parties listen to the mediator’s explanation that the process is confidential and that if they are unable to reach an amicable resolution of the case, they cannot repeat what was said during this process. Each party then states their position and their hopes for a successful outcome. The mediator may then divide the parties and meet with them one-on-one or may talk to both of them in the same room. The mediator points out the strengths and weaknesses of each position and reminds the parties about the possible consequences of not reaching an agreement, such as expensive court costs or a lack of a predictable outcome.

If the parties reach an agreement during mediation, this is written up and signed by the parties. Depending on the situation, the parties may then need to submit this agreement to the judge for approval. The prosecutor may have to take additional action, such as dismissing or modifying the charges.

Possible Ways to Resolve Tax Debt through Mediation

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Depositphotos_31199551_xl-2015For many people, tax debt is crippling. When a person gets behind on taxes, it may be difficult for him or her to ever catch up. The mediation process can be used to form a settlement agreement with the IRS, as well as state tax agencies, but the taxpayer must affirmatively request this measure. During mediation, the taxpayer and tax representative may reach a settlement regarding tax debt, such as:

 An Offer in Compromise

 In some situations, you may be able to settle your tax debt for less than you actually owe. The IRS typically only accepts this arrangement if it is unlikely that it will be able to collect the tax debt by traditional enforcement options.  An offer in compromise is a great option for some taxpayers since it reduces the total amount they pay. This option is available through a lump-sum or periodic payment.

Installment Agreement

 An installment agreement with the IRS allows you to make a more affordable payment to the IRS each month until your tax debt is paid off. The IRS may agree to a longer term for taxpayers to repay their debt so that they have a guaranteed payment coming in.

Penalty Abatement

 Typically, if you do not pay and file your taxes by the original deadline, you will be assessed additional penalties. Through mediation, a taxpayer may be able to have these penalties waived through penalty abatement. This relief may be in addition to other forms of relief, such as an installment agreement or offer in compromise.

Innocent Spouse Relief

 In some situations, you may not be required to pay off tax debt such as if your spouse was responsible for the debt. You will have to meet certain guidelines, but this can be an effective way to relieve yourself of at least part of the debt.

Student Loan Mediation

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The student loan crisis has reached an all-time high with student loan debt passing $1.5 trillion in the United States. While senators are talking about significant reform and programs that can potentially wipe the debt away, any such programs would likely take years to implement and do not immediately help individuals struggling with paying on their existing student loans. Graduates are looking to alternative methods of addressing their personal financial challenges stemming from student loan debt and are turning to mediation in greater numbers.

Many students first turn to an ombudsman for help. This is a person who can often help resolve conflicts involving federal and private student loans. He or she can assess both sides of a loan dispute and help individuals and loan program representatives negotiate a solution. Taking this proactive route can often help avoiding falling into default on a student loan or getting out of default if this occurs. The ombudsman helps the borrower and the loan program representative find possible compromises and corrects mistakes. The ombudsman may help with tracking loan payments, looking into consolidation options, suggesting repayment plans or correcting loan mistakes.

If the borrower is not satisfied with this result or the loan program representative refuses to settle on agreeable terms, the next step may be mediation. During mediation, a loan program stakeholder and the borrower may negotiate for an amicable resolution. This stakeholder should have the ability to take action on the loan, such as reducing a balance, making changes on a payment plan or negotiating a longer repayment term. The parties may be able to reach a mutually satisfactory resolution through this method.

Trained mediators have developed skills in better communication techniques and also rely on their experience in other cases. They may make suggestions that worked in other cases that the parties had not considered. They also will listen objectively to each side and remain neutral throughout the process.

June 28, 2019

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