Previously, we looked at ways that attorneys, clients and claims professionals can better prepare for mediations in New York Labor Law cases. In this article, we will focus on the Labor Law mediation itself. What are the best approaches to Labor Law mediations? How do we increase our chances of success? How do we respond to and hopefully move past impasses?

Decisions on Mediation Formats

One of the many characteristics of mediation is that parties have greater control over when and how they will proceed with the mediation process. Obviously, litigants do not have that kind of control over the court system. Your case will come up for trial when the court says so, and you will need to make that work with your schedule, as well as the schedules of your client and your witnesses. Anyone who has tried a case knows how challenging that can often be. The scheduling of a mediation offers much greater flexibility.