By Lindy Korn, Esq.

Litigation results in only one possible outcome — one side wins and the other loses, and is often an excruciating, expensive, and polarizing process, as each side attempts to prove certain facts and discredit each other’s credibility. Litigation causes stress, depression, and anxiety, with no certainty as to what a judge or jury will decide, with one side being believed over the other.

Mediation is often a more humane way to handle conflicts, in that it does not cause additional harm to those involved. Settling the conflict typically involves a payment of money, but with both sides in control, there are endless opportunities for a more satisfying resolution. For example, in a case involving gender discrimination, my client was pleased with the economic settlement, but wanted an apology in order to move on.

Knowing my client was a master gardener, we brainstormed and presented her employer with the idea of a symbolic apology, by having him sending her flowers, plants, or seeds monthly, which could plant and enjoy with friends and family. With the help of a mediator, the symbolic apology became part of the settlement agreement. Years later, my client told me that when the flowers arrived and she shared her story of struggles in the workplace, she realized that the symbolic apology had helped her to let go and find peace.

Rather than fighting about who is right or wrong, consider mediation as a way to listen, restore, and resolve fractured relationships in order to let go of the hurt you may have experienced in order to move on.

Lindy Korn, Esq. is an attorney who focuses on preventing and correcting illegal workplace discrimination, sexual harassment, and retaliation. Learn more at or call 716-856-KORN.