Frequently Asked Questions

Please provide us a brief explanation of your experience by filling out the form on our contact page and someone will be in touch with you, or telephone 310-444-3003 and schedule an appointment to come to the office.

No. You are not obligated to mediate. Mediation is a voluntary process. The initial consultation is to determine the action that should be taken in your circumstances and what you seek as an outcome if you decide to resolve your differences in the mediation forum.

No, but you must inform your employer that you have retained the services of Thomas Resolutions. If you are attempting to resolve a conflict or dispute with your employer you have the same right as the employer to select an independent professional "Mediator" to assist you to resolve your differences. Once you select a Mediator and you are ready to mediate the employer must be notified. Remember mediation is voluntary.

Yes, the information you provide will remain confidential under state law barring the exception of fraud and imminent danger. It is similar to lawyer-client privilege. In mediation that protection and privilege begins when you sign an Agreement to Mediate Form and meet and confer with the Mediator in a Pre-Mediation Consultation.

The first step is to select a Mediator; (2) you must sign an Agreement to Mediate Form and then discuss the circumstances of your conflict or dispute with a Mediator during the Pre-Mediation Consultation; (3) notify your employer that you have selected a Mediator and you want to resolve your differences in a mediation forum; (4) prepare yourself for the mediation such as know the issues to discuss, identify the parties and any witnesses to the dispute and what you are seeking as a resolution; (5) when an employer has its own Alternative Dispute Resolution (ADR) program and Mediators or independently selects a Mediator under these circumstances the employer will often pay the entire fee for mediation. Alternatively, when an employee selects a Mediator who is not included in the employer?s ADR program the employer may not agree with the selection and may not pay the fee for mediation. Under these circumstances the employee may be required to pay the whole amount of the fee for mediation. In most situations the issues in dispute and the outcome of the mediation are the factors that determine how the Mediators' fee is paid; (6) the employer must be informed of the issues in dispute if not known and advised of the employees' decision to participate in mediation. Remember mediation is voluntary.

Yes. Once the parties have mutually decided on the terms to resolve their dispute and placed those terms into a written agreement incorporating into the agreement their written intent of legal enforceability in a court of competent jurisdiction in the event one or more of the terms of the agreement is breached by either party. When the parties sign the written Settlement Agreement the Agreement becomes binding and legal as intended by the parties.

Yes/No. Work product is generally exempt from discovery or other compelled disclosures. Fact work product is subject to a qualified privilege. It is not discoverable unless the party seeking discovery can show a substantial need for the materials. If the parties stipulate that certain work products shall be protected during the mediation it shall become a term of their Settlement Agreement.

The fee for mediation is $3,500.00 and is paid in advance of the mediation. The fee includes the Pre-Mediation Consultation which is conducted separately by the Mediator with the parties in dispute prior to the mediation. In the event the parties are unable to reach a resolution at the end of the day (8 hours) but show positive signs of doing so, at the sole discretion of the Mediator the mediation will continue. The mediation will continue until such time as the Mediator determines that the parties are showing little or no signs of progressing, remain distant and far from reaching a resolution and all efforts have been exhausted.

After you have participated in mediation with your employer and unfortunately are unable to reconcile all of the differences at the conclusion of the mediation we would summarize the issues resolved and those that remain in contention. We would recommend and provide suggestions such as reaching a consensus on the issues not resolved thereby improving the working relationship with your employer enabling both parties to move forward without further disruption from an unresolved issue. However, if you become aware of sudden changes in your terms and conditions and privileges of employment and perceive these changes as reprisal or retaliation for participating in the mediation it may be necessary to resume mediation on those issues perceived as retaliatory and may revisit those issues that were not previously resolved to determine if there is a nexus between the two experiences.

You will receive professional coaching on how to respond to a conflict or dispute involving an employer. If you are physically impacted by the incident, experience anxiety, stress, and believe you are being ostracized by management or co-workers and fear reprisal, you will have the opportunity to discuss your issue(s) with a Mediator in a protected environment. It will help alleviate some if not all of the anxiety, stress, depression and ostracism you may experience. Ultimately, the goal is to enter into dialogue with the employer and the Mediator you selected to resolve the matter in a manner amenable to all parties. The issues raised and discussed can be corrected and addressed to avoid future conflict.