Assingments % - Mediation: Key Considerations for Company Participation in Legal Disputes

Suppose that you are the HR manager for a company. The judge in a current law suit by a former employee has ordered mandatory pre-suit mediation. Your boss is unfamiliar with mediation and she asks you to advise her as to several issues regarding the upcoming mediation. Draft a memo thoroughly discussing, at minimum, the following questions:
What are the advantages and disadvantages of mediation? Is it likely to be successful? Is it likely to make the parties more or less hostile toward one another? How do the costs in terms of time and money compare with litigation?
If your boss has no interest in mediation, does she really have to be there? Can she send her attorney instead? If so, are there any conflicts of interest with respect to attorney advocate representation of which she should be aware?
Must the company actually participate in the mediation? Can your boss (or her attorney) just sit there and refuse to speak?
If your boss (or her attorney) does decide to engage in dialogue during the mediation, what are the risks concerning information that might be disclosed? If the mediation fails, can the former employee use such information at trial?
Although this assignment is completed in Week 3, students should refer to information in Lessons 3, 4, and 7 for relevant information.
Submission Instructions:
This assignment should at a minimum contain 1,000 words of content (there are four parts, so this is ~250 words each). Word count does not include headings, cover pages, references, or question text (if you choose to include it in your paper); I am looking for 1,000 words of substance. Your paper should be in APA format including a properly formatted cover page (abstracts are optional) and a reference page with at least three (3) NEW references (“new” here means references that you have not already used in previous assignments in this course). Providing additional references to your assignments demonstrates your desire to conduct additional research on the topic area, and can improve your research skills.
With all assignments, include properly formatted in-text citations within the body of your work for each of your listed references so the reader can ascertain your original thoughts or ideas as well as the portion of your work that is credited to credible sources. It is very important to identify work from other sources to ensure that proper credit is provided to researchers in the field. This assignment uses Turn It In for originality verification.
Submit the weekly written assignment as an MS Word attachment (.doc or .docx format). A recommended font is 12pt Times New Roman.

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

Writing this memo requires you to break it down into manageable steps. Here’s a detailed, step-by-step guide to help you structure and write your paper effectively:

Step 1: Understand the Purpose of the Memo

You are drafting a memo to advise your boss on the upcoming mediation. The memo needs to address several questions regarding the advantages, disadvantages, and processes involved in mediation, and how it compares to litigation. Understanding each question is crucial to developing clear, well-supported responses. The goal is to educate your boss, provide a balanced view, and offer practical advice.

Step 2: Analyze the Questions

The assignment outlines several questions you must cover in your memo. It is important to address each question thoroughly, providing a detailed analysis of the topic.

What are the advantages and disadvantages of mediation?
Research the benefits (such as cost and time savings) and drawbacks (such as limited enforcement power or risk of non-resolution) of mediation.
Is mediation likely to be successful?
This involves discussing the circumstances where mediation works well and factors that could influence its success.
Is mediation likely to make the parties more or less hostile toward one another?
Explore whether mediation generally improves relationships between the parties or exacerbates conflicts.
How do the costs in terms of time and money compare with litigation?
Discuss the cost-effectiveness of mediation in comparison to the potentially higher costs and longer timeframes of litigation.
Does your boss need to be present? Can she send an attorney instead?
This requires researching the requirements for a company’s representation in mediation and any potential conflicts of interest with attorney representation.
Must the company participate in mediation? Can your boss refuse to speak?
Look into the legal obligations surrounding participation in mediation, and what could happen if your boss or attorney remains silent.
What are the risks regarding information disclosed during the mediation?
Identify risks related to confidentiality, such as whether information shared in mediation could be used later in court if the mediation fails.

Step 3: Research and Gather Sources

Next, conduct research to support each part of the memo. You will need to find at least three new references (these should be articles, books, or other credible sources that have not been used in your previous assignments). Be sure to:

Use academic or legal sources that provide reliable, evidence-based information.
Gather references on topics like mediation processes, its advantages and disadvantages, cost comparisons with litigation, and ethical/legal considerations during mediation.

Step 4: Structure Your Memo

The memo should be clearly structured with distinct headings for each question. Here’s how you can organize the content:

Introduction:
Briefly introduce the purpose of the memo and outline the topics you will cover.
Advantages and Disadvantages of Mediation:
Discuss both sides of mediation—its benefits and drawbacks.
Likelihood of Mediation Success:
Offer insights on when mediation is likely to succeed, supported by examples or case studies.
Impact on Hostility Between Parties:
Address whether mediation tends to reduce or increase hostility, providing arguments for both sides.
Cost Comparison with Litigation:
Present a comparison of costs, including time and financial considerations.
Required Participation in Mediation:
Clarify your boss’s role in the mediation process, and if she can send an attorney instead.
Information Disclosure Risks:
Discuss the risks of revealing too much information during the mediation process.
Conclusion:
Summarize the key points and offer your recommendation regarding participation in the mediation process.

Step 5: Write the Memo

Now that you have a clear structure, start writing the memo. For each section:

Be concise, clear, and factual.
Use APA in-text citations to credit your sources within the body of your work.
Maintain a formal, professional tone throughout the memo.

Step 6: Format Your Paper

Ensure the paper follows proper APA format:

Title page: Include the title of your memo, your name, course title, and date.
References: List your sources on a separate page in APA format.
Use in-text citations wherever you mention information from your sources.

Step 7: Review and Edit

Once you have written the memo, review it for clarity, coherence, and completeness. Check for any grammatical or spelling errors. Ensure you have:

Addressed all the questions.
Cited all sources correctly.
Met the word count requirement of 1,000 words (excluding cover page, references, and question text).

Step 8: Submit Your Paper

After reviewing, finalize your paper and submit it according to the course instructions. Be sure to check the word count to ensure that you’ve met the requirement and that everything is formatted correctly.