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

Employment disputes—especially those involving discrimination, retaliation, and wage claims—often include fee-shifting provisions, where the prevailing party may be entitled to recover attorneys’ fees. While these provisions are designed to encourage fair litigation, they can sometimes become major stumbling blocks during mediation.

Why Attorneys’ Fees Matter in Mediation

Attorneys’ fees are frequently a make-or-break issue in employment settlements. Disputes over the amount, proportionality, or entitlement to fees can derail progress, leading to frustration for all parties involved.

A skilled mediator must be ready to tackle these fee disputes head-on. This requires not only a strong understanding of the legal principles behind fee-shifting but also the ability to guide parties toward practical, constructive discussions that keep the mediation moving forward.

Key Challenges with Attorneys’ Fees in Mediation

• Proportionality Arguments: Are the requested fees reasonable and proportional to the results achieved?
• Fee Disputes as Leverage: Sometimes parties use fee demands strategically to gain negotiation advantage—how can a mediator balance these dynamics?
• Complexity and Emotional Impact: Fee issues can be highly contentious and emotionally charged, requiring a mediator with sensitivity and skill.

How We Approach Fee-Shifting Cases

As an employment attorney with extensive mediation experience, Karly Wannos is comfortable addressing attorneys’ fees early and directly in the process. Here’s how she helps clients and counsel navigate these challenges:

• Framing the Fee Conversation Early: I encourage parties to acknowledge fee issues upfront so they don’t become hidden obstacles later.
• Facilitating Constructive Dialogue: Rather than letting fees become a source of conflict, I work to reframe the conversation around realistic risk, proportionality, and mutual benefit.
• Balancing Legal Insight and Practical Solutions: I combine my legal background with mediation tools to find creative resolutions that satisfy both sides.

Why Choosing the Right Mediator Matters

Mediation is most effective when your mediator understands the full scope of your dispute—including the fee-shifting issues that often complicate employment cases. A mediator who avoids or mishandles attorneys’ fees risks prolonging conflict and increasing costs.

If you’re involved in a fee-shifting employment dispute, working with a mediator who can confidently and strategically manage these issues can be the difference between a stalled negotiation and a successful resolution.

Interested in Learning More?

Contact Florida Employment Mediator, Karly Wannos to discuss how my mediation experience and legal expertise can help you resolve fee-shifting employment disputes efficiently and effectively.

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