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Employment Law Litigators: Do You Prefer a Mediator Who Still Litigates—or One Who Only Mediates?

mediation Jun 02, 2025
 

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

When you're preparing for mediation in an employment law case, choosing the right mediator is critical—not just for the outcome, but for the overall experience.

As an employment law attorney and Florida Supreme Court Certified Civil Mediator, Karly Wannos often hears from fellow litigators about their preferences when selecting a mediator. One of the most common questions is:

"Should I use a mediator who still practices employment law, or someone who only mediates?"

Let’s explore why this question matters—and how your answer may impact settlement strategy and results.

Why Some Employment Litigators Prefer a Mediator Who Still Litigates

For attorneys working in the nuanced and emotionally charged world of employment law, there's value in choosing a mediator who actively practices in the same area.

Current insight into employment litigation trends
A mediator who still litigates employment cases understands how courts are currently treating issues like discrimination, retaliation, misclassification, or wage and hour disputes.

Credibility with both sides
When a mediator has recent trial or litigation experience in employment law, they can offer grounded perspectives that resonate with both employees and employers. This is especially helpful when reality-testing unreasonable demands or explaining risk exposure.

Strategic input rooted in real cases
Litigating mediators know what’s persuasive to judges, juries, and opposing counsel. That practical knowledge can shape more realistic negotiations and creative settlement options.

Why Others Prefer a Mediator Who Only Handles Mediation

That said, some employment law litigators prefer full-time mediators for other valid reasons:

Enhanced perception of neutrality
A full-time mediator may be seen as more removed from the adversarial process and focused solely on resolving disputes—especially important in highly emotional or contentious employment matters.

Greater availability and flexibility
Mediators who are not juggling active caseloads can devote more time to pre-mediation review, personalized follow-up, and additional sessions when needed.

Refined conflict resolution skills
With their sole focus on facilitation, full-time mediators may offer advanced techniques to de-escalate tension and bridge complex emotional dynamics—common in workplace disputes.

Karly Wannos' Approach: Experience That Balances Both

Ms. Wannos brings a dual perspective to the mediation table. As a practicing employment law attorney and Florida Supreme Court Certified Civil Mediator, Ms. Wannos understands not only the legal framework but also the real-life pressures that shape these disputes.

What sets Ms. Wannos' approach apart:

  • Ms. Wannos schedule pre-mediation calls with counsel to prepare strategically.
  • Ms. Wannos stays current with active litigation trends in employment law.
  • Ms. Wannos provides a neutral, resolution-focused process that respects both sides’ positions.

Whether you're representing an employee or employer, Ms. Wannos works to create an environment that fosters practical, forward-thinking solutions—often before costly litigation drags on.

Schedule Your Employment Mediation

If you’re preparing for mediation in an employment dispute—whether it’s presuit, post-discovery, or on the eve of trial—consider how the mediator’s background can influence the process.

Contact Karly Wannos to schedule a mediation or learn more about how I can help move your employment case toward resolution. Online Scheduling here.

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