Costello & Mains partner Deborah Mains, Esquire, was recently asked by the New Jersey Association of Professional Mediators to serve on a panel of attorneys advising New Jersey State Mediators on some "do's and don't's" for effective Mediation approaches in substantial and complex cases, which include employment matters such as those handled by Costello & Mains. Costello & Mains handles cases in the following areas: wrongful termination, racial discrimination, sex discrimination, sexual harassment, racial harassment, civil rights, FLSA, wage and hour, Prevailing Wage Act, wrongful discharge, workplace harassment, disability harassment, and disability discrimination.
"I was happy to be asked to do it, because effective Mediation is a treasure for attorneys handling complex cases such as those we handle at Costello & Mains," Deborah says. "These cases involve shifting attorneys' fees and so both firms and both parties in such cases can often find themselves deeply and heavily invested, by the time the case comes to trial, and therefore it's better to mediate them early if this can be accomplished."
Deborah adds, however, that she saw her role as panelist in terms of making sure that Mediators understood that there is no one "correct" approach to Mediation, but that Mediation must be an organic and informed process undertaken by a Mediator with specific knowledge of the area of the law involved.
"The three biggest pieces of advice I could give the Mediators," Deborah says, "was firstly, to know the area of employment law
deeply and thoroughly. Mediators without this knowledge are generally not much of a help. Secondly, I told them that approaches to Mediation that don't take into count the actual losses that cannot be replaced, such as pain and suffering or humiliation, are not going to be productive. Finally, I reminded the Mediators respectfully that the process belongs to the parties and through the parties, to their attorneys, and not to the Mediator. No matter how long the Mediator has been doing what they do, and no matter how good at their job they feel they are, the Mediator must be willing to alter their approach to the process to suit the wishes of the parties so that the process can be maximally effective."
The employment and civil rights law attorneys at Costello & Mains, P.C. are dedicated to protecting the rights of New Jersey workers, students and families. If you suspect that your employment, educational or civil rights have been violated, visit http://www.costellomains.com/
today for a free legal evaluation of your claim. We protect everyone from Wage and Hour abuse, Prevailing Wage abuse, Workplace Retaliation, Whistleblower Retaliation, Workplace Discrimination, Workplace Harassment and from Discrimination in Places of Public Accommodation and in Schools, on the basis of race, gender, religion, sexual orientation, transgendered status, ethnicity, military service, parental status, national origin, disability, national origin and handicap.
About Costello & Mains, P.C.
Kevin Costello and Deborah Mains have been fighting for the rights of the workers and families of New Jersey for nearly 37 years between them, having counseled and represented unions, workers, students and their families for their entire careers. They can fight your employment rights, harassment, retaliation, discrimination or wrongful discharge claim in Court. If you have questions about employment rights in New Jersey, visit http://www.costellomains.com/.