LexisNexis® Legal Newsroom
Marathon Mediations Aren’t Good For Employees

I'm a mediator, and I've been one pretty much since mediation has existed. When I was trained, in the olden times, mediations were scheduled in 2 - 3 hour sessions. If they lasted longer and the parties were making progress, the mediation was reconvened another day, when the parties were...

An old-fashioned, labor and employment Thanksgiving

Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness returns next week.) 1. OK, I am completely serious now. You, my clients...

The Continuum of Dispute Resolution in the Workplace

Today's blog is about dispute resolution. As a general matter, dispute resolution refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, and litigation. A recent discussion I had with a group of business people ...

Are Mediations Really Confidential?

MEDIATION / CONFIDENTIALITY Benes v. A.B. Data, Ltd., 2013 U.S. App. LEXIS 15270 (7th Cir. Wis. July 26, 2013) Are mediations really confidential? The facts as set forth in the opinion are that Benes was an employee who sued his employer after only for four months on the job, alleging sex discrimination...

Workplace Mediation: View Your Case from the Other Seats at the Table

I’m probably one of the few mediators in the country who has literally sat at every seat at the proverbial workplace mediation table. Over the course of my career, I’ve been outside counsel for employers; in-house counsel at the General Electric Company (including General Counsel...

Workplace Mediations: Q&A with Plaintiff’s Attorney Donna Ballman

Earlier this week, I kicked-off a blog series about workplace mediation. I’ve dubbed this series the “Atticus Finch Walk In Your Skin” and over the next several weeks I will be interviewing various plaintiff’s counsel, in-house counsel and defense counsel to get their perspectives...