Informal Discovery in Early Employment Law Mediations
New York Dispute Resolution Lawyer - 2025 | VOL. 18 | NO. 1
By Darren P. B. Rumack, Esq.
As attorneys representing parties in employment cases in New York federal court are aware, odds are good that the case will wind up at mediation, often very early in the litigation (whether by choice or not). The most recent data from two of the busiest federal courts is clear: mediation of employment law claims is growing rapidly. Since 2011, the Southern District of New York (SDNY) has automatically referred all employment discrimination cases to mediation.1 A report from October 2023 demon-strates an increasing use of mediation in SDNY employment cases. For example, in 2021, 1483 cases were referred to the SDNY’s mediation program, nearly half (44%) of which were FLSA, employment discrimination and § 1983 claims
A Focused Statement Can Ease Employment Mediation
January 19, 2024
By Darren P. B. Rumack, Esq.
On Jan. 9, the U.S. Department of Labor announced its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act. Effective March 11, the new rule rescinds the Trump-era independent contractor rule with a six-factor test.
Remote Mediations and Unwanted Guests
May 4, 2023
By Darren P. B. Rumack, Esq.
The federal government has officially ended the COVID-19 emergency, but remote mediation remains. The practical benefits of remote mediation for both attorneys and their clients are obvious. On the other hand, the relaxed formality of remote mediations has created unexpected problems, including the appearance of uninvited guests, who can wreak havoc and endanger a productive mediation process. By working ahead, mediators and attorneys can prepare to keep these surprise attendees from ruining a mediation.
