An Unexpected Twist
by
David B. Harwi, Esq. and George Reath, Jr., Esq.

A long-term employee sued her employer to obtain certain benefits to which the employer felt that the employee was not entitled. Discovery had not commenced at the time of the first mediation session. At this session the parties’ attorneys agreed that the exchange of certain information in the employee’s personnel file would be useful to ascertain the employee's rights. They agreed to exchange this information promptly and to hold a second session within three weeks.

At the second session the employer continued to maintain that it did not believe the employee was entitled to the benefits. The employee felt just as strongly that she was. The employer then unexpectedly offered the employee an attractive severance package. To the surprise of everyone she accepted the package because it would provide the time and resources necessary to complete her education which in turn would afford her more attractive employment opportunities.

The law suit was settled in a manner that no one could have predicted.

© Triage Mediation Services Inc. 2000