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Employment Mediation Attorney in Memphis Serving Tennessee and Beyond

Successful Mediations to Avoid Distracting and Expensive Litigation

Mr. Schwimmer is a Tennessee Rule 31 Listed General Civil Mediator, focusing on mediating employment disputes. During the over 30 years Mr. Schwimmer has been an employment law litigator, he has represented both employers and employees in dozens of mediations over a broad range of issues. These include discrimination, harassment and retaliation claims, wage and hour disputes, FMLA suits and many others. Virtually every one of Mr. Schwimmer’s mediations has successfully resolved the parties’ claims.

Why Choose Mediation to Resolve Your Legal Dispute?

Whereas litigation is a formal means of dispute resolution that involves following a formal set of rules regarding evidence and procedure, mediation is a more informal process. The rules of evidence are relaxed, and parties are able to focus more on their actual interests and needs in the case, rather than staking out legal positions and battling it out in court. Mediation is a voluntary process, so parties generally do not enter mediation unless they are committed to the process and genuinely interested in resolving the matter. Encouraged by the mediator, parties in mediation get to the heart of the dispute and explore solutions. You can still be represented by your attorney, who can advise you and protect your rights and interests during the mediation. Just as the parties themselves need to be committed to the process in order for the mediation to be a success, you will want to select an attorney who is experienced in mediation and also values the process as an effective means of resolving your dispute.

Another positive aspect of mediation is the way decisions are reached. In litigation, a decision is ultimately reached by the judge or jury and imposed upon the parties, who must accept the decision whether they like it or not (or appeal and draw out the litigation even longer, ultimately resulting in the imposition of yet another court ruling). In mediation, the parties work together – facilitated by the mediator – to create a decision that reflects both their needs. As a voluntary process where the parties focus on each other’s interests and collaborate on the outcome, both parties are more likely to be satisfied with the outcome than in litigation, where one party invariably feels like the winner and the other feels like the loser (leading to appeals and further litigation). It is possible for both sides to win, and when the parties have themselves participated in the resolution, they are more likely to implement its terms because they are personally invested in the settlement. A judicial outcome is often not easily implemented by disgruntled parties, requiring further, endless trips back to court to force compliance, object to enforcement, or seek modifications of the decision.

Mediation is Faster, Less Expensive than Trial

Depending upon the complexity of the case, a mediation can often be completed in one day or less, sometimes taking two or three days to reach a resolution. Compare this to the months of litigation leading up to a trial, which can last days or weeks. A corollary to this expedited time frame is that mediation in the end is far less expensive than taking a case to trial.

Mediation may not always be successful, but even if a complete resolution cannot be achieved, the mediation frequently results in a narrowing of the issues so that parties go into court with less issues to litigate and a better understanding of the differences between them.

Qualified to Mediate Your Dispute in the State of Tennessee

Tennessee Supreme Court Rule 31 was enacted to create a system where attorneys, judges and parties to a dispute could find qualified mediators to help them resolve their dispute before the courts without having to resort to trial. Attorneys and others who meet the eligibility requirements can be found on the list of Rule 31 mediators maintained by the Tennessee Supreme Court on its website. These mediators meet all the following requirements:

  • Demonstrate good moral character, supported by at least two references. Attorneys must be in good standing with the Tennessee Bar and have a good discipline record;
  • Meet the advanced education and work experience requirements set out in Rule 31; and
  • Complete 40 hours of approved mediation training.

Since becoming a Rule 31 Listed General Civil Mediator, Mr. Schwimmer has begun mediating cases in the role of neutral mediator, in addition to his practice as an employment mediation attorney advocating for his clients in mediations. He strongly believes that mediation is an efficient and effective means of resolving disputes and allowing the parties to avoid commencement or continuation of expensive and time consuming litigation.

Fee Structure: Mr. Schwimmer’s standard mediator fee is $3,200 a day plus expenses where out-of-town travel is required. In complex cases, where significant preparation is required, an additional fee may be charged, but only when agreed upon in advance by all parties. The fee is split between the parties, unless alternative arrangements are made before invoicing.

Call Today to Discuss the Merits of Mediation in Your Civil Dispute

To discuss the merits of using mediation in your case, or to engage the services of Cary Schwimmer as a mediator in your dispute, call the Law Offices of Cary Schwimmer in Memphis at 901-753-5537.

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