Employment mediation is an effective alternative to costly and time-consuming litigation in workplace disputes. Instead of engaging in adversarial court battles, parties in conflict come together in a confidential and less confrontational setting. With the help of a neutral third-party mediator, they can explore options for resolution. This process grants the involved parties a greater role in the outcome of their case as compared to litigation. Alternate dispute resolution helps resolve issues outside the courtroom, preserving time, resources, and business continuity.
Meet Attorney Kimberly A. Gilmour
Attorney Kimberly Gilmour is a seasoned and trusted professional in the legal community with over 23 years of experience as both a Florida Certified Mediator and Arbitrator. Her unwavering commitment lies in finding amicable solutions for her clients. She deeply understands alternative dispute resolution methods and strongly emphasizes fairness and efficiency, always maintaining the client’s best interests. Attorney Gilmour firmly believes in ensuring accessible dispute resolution and offers affordable rates for high-quality services.
Mediation as a Resolution Option
Mediation is a viable option when a lawyer represents a client who has been wrongfully terminated, or an individual believes they have been wrongfully dismissed. Keep in mind that when both parties want to keep a dispute out of the courtroom, mediation is a private forum to resolve their differences. Mediation is recommended instead of a protracted and costly legal battle. When parties are able to
compromise during mediation, it is a win/win for all. Otherwise the case goes to trial and there is a specific winner and loser.
Examples of Situations Referred to a Mediator:
- Discrimination Claims: When an employee alleges they were terminated based on discrimination under Title VII or the Florida Civil rights Act related to a protected class, mediation can provide a platform for this dialogue. Protected classes are race, sex, gender, age, disability, national origin, color, religion, pregnancy, marital status, veterans status or sexual orientation.
- Retaliation Claims: Mediation can be a productive approach for addressing cases when an employee believes they were terminated from their job due to engaging in protected activities, such as reporting harassment or whistleblowing.
- Breach of Contract: In situations where a contractual agreement governs an employee’s relationship with their employer, and there are disputes regarding the terms of employment or termination, mediation can provide clarity and help the parties reach a resolution. Situations involving promotions and pay increase may be involved.
- Severance Agreement Negotiations: It may be beneficial for both parties to engage in mediation to negotiate and clarify the terms of a severance package and other post-employment benefits.
- Non-Compete or Non-Disclosure Claims: An employee may have signed a non-compete agreement as a condition of employment. However, when there are disputes regarding the terms of that contract, a mediator can assist in clarifying and negotiating the agreement.
- Workplace Dispute Resolution: In cases where a company has an internal dispute resolution policy, there may be cause for an external mediator to help resolve wrongful termination claims and other employment-related disputes.
- Wage and hour: overtime claims, misclassification, unpaid wages, minimum wage violation, tipped employees, commissioned employees.
- Wrongful termination: In Florida, employment relationships are generally considered “at-will.” It means employers and employees have the right to change the employment relationship at any time, including termination. Wrongful termination occurs when an employee is unlawfully fired without proper cause.
- Pre-Litigation: Why not hire an independent neutral impartial mediator to assist parties in resolving a workplace issue before litigation? Who is better suited to resolve the workplace dispute — a Judge and jury or the business owner/supervisor and the employee?
Welcoming Referrals from Legal Professionals and Individuals Alike
Attorney Gilmour brings her clients a wealth of knowledge, experience, and a genuine desire to foster positive outcomes for each case she handles. With a proven record of success, Attorney Gilmour remains a trusted advocate for those seeking solutions to their legal challenges.
At Kimberly A. Gilmour, P.A., we offer a flexible schedule and can accommodate clients at our Daytona Beach, Florida, office or a neutral location of their choice. In addition, we offer video conferencing options. Attorney Gilmour’s practice primarily serves Volusia, Orange, Brevard, Flagler, Lake, and St. John’s Counties, Florida. However, we accept clients throughout Florida with no additional travel charges. Contact us online or call our office at (954) 584-6460.