How Does Mediation Work in Employment Disputes?
How the mediation process unfolds in employer-employee disputes, and what each side should keep in mind.
Günay Legal
For certain employment-law disputes — such as employee receivables and reinstatement claims — mediation is a mandatory precondition before litigation can begin.
How does the process start?
The mediation process begins when one party applies to the mediation office, and a neutral mediator is assigned. The mediator brings employer and employee together to help resolve the dispute.
Preparation on the employer's side
When the employer enters the process with the relevant employee receivables (severance, notice, overtime, leave, etc.) already correctly calculated, discussions tend to proceed more smoothly. Uncertainty arising mid-process can otherwise complicate reaching an agreement.
Preparation on the employee's side
Setting out claims clearly and specifically also helps the process run efficiently. For both sides, obtaining a legal assessment before mediation helps them enter the process better prepared.
If no agreement is reached
If no agreement is reached in mediation, the parties retain the right to litigate. The mediation record serves as the document confirming that the mandatory precondition was satisfied in any subsequent court case.
This article is for general information only and does not constitute legal advice. For your specific situation, please get in touch with us.