News & Analysis as of

Mediation Dispute Resolution Employment Litigation

Maynard Nexsen

Give Peace a Chance – A Reminder About EEOC Mediation

Maynard Nexsen on

In fiscal year 2024, the EEOC received 88,531 new charges and conducted 11,998 mediations, resulting in the resolution of 8,543 charges. These mediation success rates—reflecting a resolution of 9.6% of total charges filed and...more

JAMS

Global Perspectives on Employment Litigation: Part 2

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Globalization continues to transform workplaces into vibrant intersections of cultures and practices. Yet with this richness comes complexity: Cross-cultural misunderstandings can easily escalate into disputes when legal...more

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Miles Mediation & Arbitration

The Future of In-House Dispute Resolution Processes: Factors for Employers to Consider

What happens to the embedded in-house dispute resolution process if the company turns away from the DEI (diversity, equity, inclusion) policy for various reasons, including political ones? Or fear that it is seen as setting...more

Miles Mediation & Arbitration

More Shockwaves from the Harvey Weinstein Scandal: What Corporate Counsel Should Keep in Mind

Sexual harassment legislation keeps coming in the aftermath of the Harvey Weinstein scandal and the resulting #Metoo Movement. Recently, the state of California enacted a bill protecting survivors of sexual assault, sexual...more

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

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Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

Constangy, Brooks, Smith & Prophete, LLP

Three often overlooked keys for a successful mediation

“Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator...

Maynard Nexsen on

Following our inaugural episode, Tina and Jennie host Drew Rogers, a Federal Mediator with the EEOC, for a part 2 on the mediation process. Drew and our hosts have an insightful conversation about what employers can do in...more

Miles Mediation & Arbitration

Construction Law and Alternative Dispute Resolution: A Look at Current Trends

Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims,...more

Maynard Nexsen

The Benefits of Mediation for Employers

Maynard Nexsen on

The sudden settlement of the Dominion Voting Systems defamation action against Fox News was secured by the last minute involvement of a private mediator. As reported by The Washington Post, mediator Jerry Roscoe worked with...more

JAMS

Dealing With Workplace Conflict

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The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

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While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Goldberg Segalla

EEOC Announces that Virtual Mediation is Here to Stay

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Key Takeaways - Since mid-March 2020, mediations of administrative charges conducted under the EEOC’s voluntary mediation program have been held remotely via telephone or video platform. The EEOC has announced that...more

JAMS

Mediating Employment Disputes: Between a Clock and a Hard Case

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The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive. The barriers to an equitable work environment are being...more

JAMS

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

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I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the...more

JAMS

Is ADR the Cure for COVID-19-Related Litigation? - The benefits of having a neutral with life sciences experience to resolve your...

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As we continue our battle against COVID-19, one of the successes is the speed with which pharmaceutical companies have developed vaccines. For those not familiar with the science and the process of getting new drugs to...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Rhonda L. Epstein, Esq. | In The Age Of Coronavirus, ADR Is More In-demand Than Ever

Rhonda L. Epstein, Esq. is a neutral with NAM (National Arbitration and Mediation) and a longtime proponent of alternative dispute resolution. She's also a seasoned litigator with an extensive background in employment law and...more

Jackson Lewis P.C.

EEOC Reports Record Recovery And Decrease In Pending Charges

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The Equal Employment Opportunity Commission (“EEOC” or the “Agency”) recently released its annual financial report for the 2020 fiscal year. Relevant highlights from this report include discussion of a research study was...more

JAMS

[PODCAST] Resolving Employment Disputes through Mediation

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From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique...more

NAM (National Arbitration and Mediation)

The Room Where Mediation Happens: 2020 Insights For A Successful Employment Dispute Resolution

Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room...more

Fisher Phillips

Web Exclusive - NLRB Expands Mediation Options With Announcement Of ADR Pilot Program

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The National Labor Relations Board recently announced an expansion of its alternative dispute resolution (ADR) program: the free program for employers, unions, and individual participants puts a case on hold for 30 days while...more

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