By Karly Wannos, Esq. | Employment Attorney | Florida Supreme Court Certified Circuit Civil Mediator

Mediation plays a vital role in resolving employment disputes efficiently and fairly. But not all mediators bring the same experience or skillset to the table—especially when it comes to complex employment law issues.

At The Wannos Law Firm, we know that choosing the right mediator can make all the difference in the outcome of your case. Here are eight key questions employment lawyers should ask before hiring a mediator, along with insights from Karly Wannos, a Florida Supreme Court Certified Civil Mediator and seasoned employment attorney.

1. What Is the Mediator’s Actual Experience with Employment Law?

• Do they understand the nuances of ADA, FMLA, wage/hour, retaliation, and Title VII claims?
• Can they speak the language of HR, compliance, and workplace dynamics?
• Have they handled both plaintiff and defense-side cases?

Why it matters:
You want a mediator who already “gets it”—so you don’t waste time educating them mid-session. A mediator fluent in both the law and real-world application adds tremendous value.

Karly Wannos' take:
“I’ve worked extensively on both employee and employer sides of disputes involving Title VII, ADA, FMLA, retaliation, wage/hour, and non-compete issues. You won’t need to explain the legal framework or workplace dynamics—I’m already fluent.”

2. What Is the Mediator’s Style?

• Are they facilitative, evaluative, or a hybrid?
• Do they pressure parties or allow space for exploration?
• Can they adjust their approach mid-session?

Why it matters:
Different cases require different styles. An emotionally charged retaliation case demands a different touch than a collective wage dispute.

Karly Wannos' take:
“I use a hybrid approach—facilitative when parties need space, evaluative when tough conversations are necessary. I adapt my style based on the personalities and posture of each case.”

3. Can This Mediator Manage Strong Emotions and Difficult Personalities?

• How do they handle trauma, bias, or volatile parties?
• Can they preserve dignity while moving toward resolution?
• Do they have emotional intelligence beyond legal knowledge?

Why it matters:
Employment disputes are personal. You want a mediator skilled at diffusing tension without escalating conflict.

Karly Wannos' take:
“Employment disputes often involve trauma, bias, and reputational risk. I’m experienced in helping parties feel heard while moving toward resolution.”

4. Will the Mediator Move the Needle on Settlement Numbers?

• Can they reality-check inflated expectations?
• Will they tactfully deliver hard truths?
• Do they understand negotiation pacing and leverage?

Why it matters:
Mediation isn’t just about shuttling offers back and forth—it’s about facilitating real progress.

Karly Wannos' take:
“I help parties confront risk and reframe expectations. I use tools like brackets and mediator proposals to accelerate momentum.”

5. How Does the Mediator Handle Attorneys’ Fees in Fee-Shifting Cases?

• Will they assist with proportionality arguments?
• Can they defuse fee disputes that threaten resolution?

Why it matters:
Fees often make or break settlements. You want a mediator who isn’t afraid to address these sensitive issues early.

Karly Wannos' take:
“In discrimination and wage claims, attorneys’ fees can derail progress. I frame those conversations constructively to support resolution.”

6. What Creative Tools Does the Mediator Use?

• Use of brackets, mediator’s proposals, or structured settlements?
• Do they suggest creative solutions like policy changes, apology letters, or training agreements?

Why it matters:
Creative problem-solving often seals the deal—especially in emotionally sensitive cases.

Karly Wannos' take:
“Beyond monetary compromise, I work with counsel on solutions like policy updates, structured payments, or neutral references tailored to the client’s needs.”

7. How Efficient Is the Mediator with Time?

• Do they keep things moving?
• Are they respectful of time without rushing the process?

Why it matters:
Lawyers juggle court deadlines, billing, and client expectations. Efficiency is essential.

Karly Wannos' take:
“I prepare thoroughly and respect everyone’s time, balancing speed with the need for legal and emotional resolution.”

8. How Does the Mediator Handle Confidentiality and Post-Mediation Communications?

• Do they follow up appropriately?
• How do they manage misunderstandings after the session?
• Are they trusted to keep discussions private?

Why it matters:
Trust and professionalism are essential—especially when reputations and careers are involved.

 Choosing the Right Mediator Matters

If you’re facing an employment law dispute and want a mediator who combines deep legal experience with emotional intelligence and practical problem-solving, consider reaching out to The Wannos Law Firm.

Karly Wannos offers strategic, flexible mediation tailored to your case’s unique needs, helping all parties reach meaningful, efficient resolutions.

Contact us to learn more or schedule your mediation today.