Resolving Wage and Hour Cases Through Mediation and Negotiated Settlement

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, October 1, 2013

Recorded event now available

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Course Materials

This CLE course will provide guidance to employment counsel for resolving complex wage and hour claims through mediation or negotiated settlement. The panel will discuss how to evaluate when settlement discussions or mediation are appropriate, position a case for mediation or settlement discussions, prepare and present a case to a neutral, address different settlement structures and navigate the complexities of court approval.


Litigating wage and hour claims under the Fair Labor Standards Act and state law continues to cost employers significant time and expense. Resolving these cases is complicated due to the number of complex issues involved. Mediation can be an ideal forum for reaching settlement.

Employment counsel who are properly prepared for settlement negotiations or mediation and use effective advocacy skills during the process can significantly increase the likelihood of favorable client outcomes. Counsel should also anticipate and proactively address potential pitfalls facing the negotiated settlement agreement.

Listen as our authoritative panel discusses key considerations for positioning a case for settlement negotiations or mediation, determining the appropriate forum for resolving wage and hour claims, identifying the right neutral, preparing for mediation, structuring and obtaining approval of settlement agreements and otherwise steering wage and hour cases to positive outcomes.



  1. Evaluating the settlement options for wage and hour cases
    1. Assessing litigation costs
    2. Evaluating potential liabilities and damage awards
  2. Mediation
    1. Finding the right mediator
    2. Managing client expectations
    3. Effective advocacy during mediation
  3. Negotiated settlements
    1. Negotiating the settlement agreement
    2. Obtaining court approval of the settlement
    3. Settlement administration
    4. Rule 68 Offers of Judgment in FLSA cases


The panel will review these and other key questions:

  • What factors should employment counsel take into account when evaluating whether to settle a wage and hour case through mediation?
  • What are the best practices for selecting a neutral and presenting the case during the mediation?
  • How should attorneys manage a client's expectations prior to and during the mediation?
  • What actions should counsel take before and during mediation to help ensure that agreements reached will meet their clients' needs and withstand enforcement challenges?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Margaret A. Keane
Margaret A. Keane

DLA Piper LLP (US)

Ms. Keane has more than 25 years of experience as a litigator. She has defended employers in all phases of litigation...  |  Read More

Eric S. Beane
Eric S. Beane

DLA Piper LLP (US)

Mr. Beane has extensive experience in complex litigation for global clients, including class action litigation, wage...  |  Read More

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