Mediation Approach

My training and experience have made me well aware of the different techniques and processes involved in mediating, and I adapt to each matter’s needs, often finding creative ways to help the parties resolve a dispute.  I use empathy, compassion, and great listening skills to gain the parties’ and counsels’ trust throughout the mediation process.  I understand that settlements are not just about financial interests; there is significant value in both sides “feeling heard.”  That is why I typically give the parties an opportunity to tell their stories -- so they can truly move on in every aspect when the case settles. 

I often find it valuable to take an evaluative approach, but I also acknowledge the importance of reading the room and knowing when to utilize this style of mediating. As someone who understands the nuances of employment law, I am able to provide an unbiased, straightforward  assessment in an effort to guide the parties toward  settlement.

Taking Every Party’s Interests into Consideration

Because I have represented both employees and employers, I seek a solution that reflects the needs and interests of each party:

  • Employees have bills to pay, families to feed and care for, and possibly new jobs to attend to, and litigation takes time and emotional energy away from these important matters. 

  • Employers have businesses to run, employees who need to focus on their jobs rather than on depositions, document searches and witness interviews, and company morale to worry about.  I understand the financial and physical impact that litigation may have on companies.

  • I have worked with insurance carriers as an attorney and mediator and understand the interplay between carrier and employer in getting a case resolved.

  • I understand that a successful resolution may not depend only on the employee and employer coming to an agreement; spouses or significant others on the employee side and board members, shareholders, partners, or other members on the employer side may impact a settlement. 

“Peace is not the absence of conflict but the presence of creative alternatives for responding to conflict.”

- Dorothy Thompson

Mediation Logistics

  • I conduct mediations on Zoom or in-person. For Zoom mediations, the parties will receive a Zoom link after the mediation is scheduled. In-person mediations can be held at a location that is mutually agreeable to the parties.

  • You can request my availability by emailing me directly at sonya@goodwinmediation.com. To book a mediation, please include the case name, service list, type of case (single-plaintiff, multi-party, class, or PAGA), fee split, and preferred format/location (Zoom or in-person).

  • To enhance the mediation process and ensure sufficient time for preparation, counsel must provide mediation briefs at least one week before the mediation. The briefs can be informal but should include a description of (1) the facts and claims, (2) key legal issues in dispute, (3) any points that the parties believe will provide negotiating leverage, (4) prior settlement negotiations, and (5) anything else that the parties believe would be helpful in the process. I encourage the parties to consider exchanging briefs.

  • Before the mediation, I offer each counsel the opportunity to participate in a pre-mediation call. While not mandatory, pre-mediation calls can be helpful in giving counsel an opportunity to provide additional information not in the brief, discuss potential impediments to settlement, and/or provide context for issues raised in the brief.

  • Counsel and parties (representatives with authority to settle) must be present at the mediation. While counsel are encouraged to exchange information and documents prior to the mediation, I will spend time during the mediation helping the parties understand the other side’s perspective in order to effectuate a settlement. The parties are expected to come to the mediation with a draft settlement agreement that can be signed immediately after a settlement is reached.

  • While I will do everything in my power to help the parties resolve the matter on the day of the mediation, if the matter does not settle, I engage with counsel in the days, weeks, and months to follow, making sure no stone is left unturned on the path to resolution.