Mediation viewed as 'preventive medicine'

by Richard Coe
01-04-1999

Jim Zeigler is a lawyer who doesn't want to go to court.

A few years ago Zeigler defended a small business in federal court in a lawsuit brought by the company's former assistant manager. Two years and $50,000 in legal fees later, the company won.

The assistant manager brought a new lawsuit. Another year and another $20,000 later in legal fees, the company won again.

"What kind of victory is that?" Zeigler said. "Three years of court and $70,000 is not right."

Zeigler, a Mobile attorney and former member of the Alabama Public Service Commission, has developed a new program that prohibits employee lawsuits. Instead of going to court to settle a sexual harassment, wrongful termination or discrimination suit, the conflict is resolved by "alternative dispute resolution" -- communication, mediation or arbitration.

In arbitration, a neutral third person, called an arbitrator, listens to the evidence in a dispute. It's up to the arbitrator to decide what evidence can be heard. The arbitrator's decision can only be appealed in extremely rare cases.

Employers love it because it:

· Legally prohibits lawsuits by employees and former employees;

· Cuts court costs;

· May save on insurance;

· May help them avoid unpredictable jury verdicts;

· And it takes less time.

"It's called preventive law," Zeigler said. "It's sort of like preventive medicine."

Zeigler loves it because he has sold 131 copies of his model employee dispute program to businesses in Alabama at $1,995 a shot. It walks companies through how to design their own mandatory employment dispute arbitration program. The $2,000 may seem like a big chunk for a small business, but hiring a consultant or a lawyer to customize one for the company would probably cost more.

Done properly it can be good for employees, too. There is no doubt that arbitration is almost always cheaper and quicker.

Courts have upheld arbitration agreements as a means to resolve employment disputes, even those regarding race, sex or other types of statutorily prohibited discrimination. A federal appeals court in New York just before Christmas upheld that arbitration was a fair and legal way to settle a sex and age discrimination case.

Zeigler is doing his best to be a leader in the field. He wrote a book on the subject, "The Mediation Kit: Tools to Solve Disputes," and he was National Chair of the National Lawyers Association's Section on Alternative Dispute Resolution. More information about his program can be found on the Internet at www.angelfire.com/biz5/team