Litigating employment-related disputes is expensive and time-consuming and holds no guarantee of a satisfactory outcome for either party.
In contrast, resolving an employment dispute through the informal process of mediation gives both parties the opportunity to resolve their issues quickly, at a much lower cost, through a process over which they have control.
Allen Schreiber understands employment disputes and is experienced in resolving them
In selecting Allen Schreiber as your mediator, you can expect to benefit from his experience in successfully mediating a wide range of employment disputes, including cases involving:
- Wage and hour (e.g., unpaid wages or overtime) and other Fair Labor Standards Act (FLSA) claims
- Equal Employment Opportunity Commission (EEOC) claims involving discrimination and harassment
- Non-EEOC claims alleging sexual harassment, other forms of harassment, and hostile work environment
- Wrongful termination
- Workplace retaliation
- Whistleblower cases
- Medical leave and Family and Medical Leave Act (FMLA) disputes
- Breaches of employment agreements
- Breaches of restrictive covenants, such as non-compete, non-solicitation, and non-disclosure agreements
- Unemployment insurance claims
- Workers Compensation claims
- OSHA and other workplace safety issues
Employment litigation experience
Allen has represented thousands of hourly workers in cases of wage violations.
He also investigated claims by Janice Morgan resulting in a landmark decision, Morgan v. Family Dollar, in which the U.S. Supreme Court denied certiorari, resulting in a final resolution of $49 million. The case currently serves as the textbook for “misclassification” cases nationally.
He was also co-lead counsel in litigation involving nationwide claims against Dollar General, which was also resolved by way of settlement.
Most recently, in 2020, the U.S. District Court for the Southern District of Illinois approved resolution of a $25 million result against Sturm Foods, a multi-state class action under the Deceptive Trade Practices Act in which Allen was Trial Counsel.
Allen Schreiber can help you control your dispute resolution costs
Allen’s mediation fee schedule is clearly described on his
interactive calendar, where you can check his availability and request a date for your mediation.
You can also count on Allen’s proven traits that, in sometimes stressful and emotional situations, bring value to his role as a mediator, including empathy, excellent communication and listening skills, and the ability to:
- identify the parties’ objectives,
- recognize the strengths and weaknesses in each side’s case,
- interact effectively with the parties and their attorneys,
- facilitate negotiation, and
- keep the parties engaged until a settlement can be achieved.
Basics: How mediation works
Mediation is a structured process, with scheduled meetings and established roles for all participants.
The process begins with pre-mediation meetings/calls of the mediator and the representative counsel.
Next, the mediation conference is attended by the mediator, the parties and their attorneys, and perhaps other persons who are associated with one of the parties and have helpful knowledge of the issues. In some cases, the employer’s insurance company may be included.
Each side conducts private discussions among themselves and with the mediator, who will discuss their position and the strengths and weaknesses of their case. By working with the parties separately and together, the mediator will attempt to lead the parties toward a mutually acceptable compromise.
When a settlement is achieved, the terms are set forth in a settlement agreement. Typically, this agreement merely outlines the material terms but leaves the details to a more formal, final agreement.
If the parties are unable to settle at the scheduled mediation conference, they may schedule additional conferences or end the mediation process and proceed to trial or administrative hearing. In many cases, settlements still occur some days or weeks later, as the mediator will continue to engage in discussions either by direct negotiation or by physically returning to the mediation process.
Mediation can be used for any employment-related claim
Mediation is a nonbinding, negotiated process through which an experienced neutral mediator seeks to help the parties find common ground through a mutual compromise and reach a settlement. The mediator does not make decisions or force a settlement. Mediation can be conducted in person, with the parties and their attorneys present, or in a Zoom or other virtual setting.
In most cases, mediation is a voluntary process. However, for some types of employment disputes – e.g., employment discrimination, EEOC, and wage and hour (FLSA) claims – the parties may be required to at least attempt to reach a mediated settlement before the matter goes to court or an administrative hearing. Also, employment agreements and the company’s employee handbook may call for mediation.
Your choice of mediators might be limited by the court or administrative agency or by an existing agreement. If that is not the case, the sides can agree to use the mediator of their mutual choosing.
