RHONDA L. EPSTEIN'S ARTICLE “THE ROOM WHERE IT HAPPENS” PUBLISHED IN THE NEW YORK LAW JOURNAL LABOR AND EMPLOYMENT SPECIAL REPORT
Posted on Mar 06, 2020 |News
“Employment matters generally involve parties who know one another, and therefore are more susceptible to emotional and irrational decisions. However, paradoxically, that is also why employment disputes are appropriate for mediation and why, with an adept neutral, a positive outcome can be achieved that suits all parties.”
Rhonda L. Epstein, Esq.
New York, NY (March 6, 2020) – NAM (National Arbitration and Mediation), one of the nation's leading providers of Alternative Dispute Resolution (ADR), is pleased to announce that Rhonda L. Epstein's article, The Room Where it Happens: 2020 Insights for a Successful Employment Dispute Resolution, was recently published in the New York Law Journal's Labor and Employment Special Report. The article's title references the song from the Broadway show Hamilton, where Hamilton, Jefferson and Madison convened in a room over two centuries ago and achieved a political compromise. And compromise is indeed what mediation is all about.
Ms. Epstein, draws upon her more than 35 years of experience in civil litigation as a practicing attorney in employment law and housing discrimination matters and discusses why employment disputes are appropriate for mediation. Her legal expertise coupled with her deep experience as an arbitrator and mediator, makes her well-qualified to address why mediation will result in a “win-win” for all sides, but “before anything can happen, the parties must get in the room first.”
Why mediation? It saves time and money, it give parties control over the resolution and it provides confidentiality. She recommends that when the parties finally get into the room, a format for opening statements should be established. Ms. Epstein explains, “agreeing on this simple step can help set the table for the rest of the negotiations. The statements can be as elaborate as an opening at trial or a summary judgment argument or they can be as elementary as simple introductions, so long as the parties remain respectful.” She further states, “while not the judge or jury, an experienced mediator needs to help the parties reassess expectations. The neutral must be careful not to undermine the attorney, for if the client loses confidence in the lawyer, the process can fail. The mediator needs to help educate and persuade the players and guide them toward a mutually agreeable settlement.”
ABOUT THE AUTHOR
As both a litigator and mediator, Ms. Epstein has successfully counseled, supervised, and mediated employment law cases related to claims of age, national origin, sexual orientation, gender identity, disability, religion, and pregnancy discrimination. She is a longtime proponent of alternative dispute resolution. As a litigant, Ms. Epstein has mediated hundreds of cases in Federal court, EEOC, and private mediation. She is well-respected professionally by both sides of the bar and is known for her fair and objective approach to the resolution of cases. Ms. Epstein has also been awarded an AV Preeminent Peer Rating by Martindale-Hubbell.
Rhonda Epstein, Esq. is available to arbitrate and mediate employment law cases throughout the New York Metro area.
To read Ms. Epstein's article,The Room Where Mediation Happens: 2020 Insights for a Successful Employment Dispute Resolution click here
For additional publications from NAM, please click here.