Post-Session Help

Although the mediation has ended, the mediator’s services may come in handy post-session, too.

I received two such calls this week.  One simply asking for clarification on the expected mail-date of the settlement check.  The other, more involved. 

A plaintiff who was a former employee of the defendant received his settlement check with an apparent miscalculation of withholdings.  The amount was processed as though it constituted earnings for one pay period rather than the year’s total, and the difference was several thousand dollars.  Plaintiff had difficulty explaining and resolving the discrepancy with defendant’s attorney, so he reached out and asked me if I could help.  I called and explained what I thought was lost in plaintiff’s explanation.  Based on the clarification, the attorney agreed to try to have the check re-issued.

If you’re not sure, ask your mediator if you can count on his/her help after the session, whether you settle or not, and what each of you can expect in terms of availability — ongoing negotiations via telephone, email exchange and review of settlement documents, possibility of holding a follow-up session, etc. — and associated costs.

About Maria Hanna Joseph

Maria Hanna Joseph is Principal of Joseph Mediation. Her 25 years of experience in employment law, include 16+ of work and mediating for the Massachusetts Commission Against Discrimination which through which she has gained valuable insight into the MCAD, its practices and decision making. This, as well as her experience in plaintiff and defense litigation, with private and public sector clients, international and local business concerns, and in issues from harassment and discrimination, to noncompetition agreements, business operation, transgender workplace matters, retaliation and many others, lend her valuable perspective for understanding and mediating an array of legal and personal issues. In terms of volume, Maria has served more than 2,000 cases. Maria's practice has been honed with study of mediation at Harvard Law School's Program of Instruction for Lawyers, negotiation at Harvard Law School's Program on Negotiation, and in the disciplines of Transformative Mediation and Family/Domestic Mediation, which are significant assets in managing the personal nature of employment disputes, and conflict in general. Attorneys and parties know Maria as candid, pragmatic and persevering in her commitment to help them achieve meaningful settlements while keeping sight of their most important interests. The insight and creativity afforded by her experience and training are realized in the resolutions that manifest. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage highly tense and fraught situations and individuals, and settle a wide variety of disputes and tough cases.
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