Facilitative Mediation Blog

Gordon Leech announces his availability for mediating employment law claims

Mr. Leech made the decision to switch his employment practice from active litigation and counseling of individuals in employment matters to helping employees and employers resolve claims through facilitative mediation, an alternative approach to resolving conflicts.

Traditional mediation is evaluative, where the mediator tells the parties what his or her opinion is about the facts, the law, and what terms each should accept. After 28 years of litigating disputes, Mr. Leech found that oftentimes evaluative mediation leaves the parties dissatisfied with the result, even if they resolved the underlying claim. Facilitative mediation relies on a communicative process to find terms that can go beyond just a monetary settlement to help parties reach a more meaningful and satisfying resolution to the dispute.

Facilitative mediation focuses on keeping the parties talking about what is important to each, finding common ground for agreement, and letting the parties talk through the issues and make their own evaluation of the facts, legal issues, and possible outcomes. Despite the common saying that mediation should end with all parties being unhappy but the claim being settled, our approach is to first find a result that satisfies all parties.

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