Keith Clouse, a Dallas employment lawyer who mediates employment-related cases, notes that many employers have questions about who to send to mediation sessions. While each case presents its own unique circumstances, Mr. Clouse notes the following considerations.
An employer must bring a “decision-maker” who has the authority to make a binding decision. In most cases, this person will be an officer or a human resources representative who will have “settlement authority” up to a set dollar amount.
In some cases, it makes sense to have a technical expert on hand. This is especially true for noncompete matters. Because noncompete matters can turn on highly technical issues, bringing a person who can explain the company’s software, trade secrets, or other technology can help an employer ensure that the mediator understands its position.
Some employers like to bring other key people so that these people can explain facts, if necessary. While this can be helpful, sometimes it’s best to leave the people closest to the dispute behind. For example, in a harassment situation, inviting the alleged harasser to the mediation could lead to an emotional response from the plaintiff that does nothing to further the settlement discussion between the parties.
To learn more about employment law mediation, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to email@example.com or call (214) 239-2705.