VIRNET / WORKPLACE & EMPLOYMENT MEDIATION

A more constructive way through workplace conflict.

Employment disputes can affect livelihoods, working relationships, reputations, and organizational stability. VirNet provides impartial, structured online mediation to help employees, employers, teams, and their advisers explore a practical path forward.

Online throughout the United States, subject to suitability and applicable requirements. In-person mediation may be arranged.

A process built for meaningful decisions

Room to be heard. Space to negotiate.

01
Understand the concerns

Identify the issues, people affected, and information needed.

02
Explore possible solutions

Consider interests, risk, working relationships, and proposals.

03
Choose the next steps

Document agreed terms where appropriate, without a forced outcome.

BEYOND THE DISAGREEMENT

Conflict at work rarely fits into a single conversation.

A workplace disagreement may begin with a specific event: a disciplinary decision, a perceived inequity, an allegation of inappropriate conduct, or a breakdown in trust. Yet resolving it often requires addressing several layers at once: expectations, communication, legal and organizational considerations, and what happens next.

Mediation creates a process for those conversations. The mediator helps participants clarify questions, share relevant perspectives, develop options, and evaluate proposals without deciding who is right or representing either side.

Some mediations are focused on settling a disputed claim or negotiating a separation. Others help people continue working together with clearer agreements about responsibilities, communication, and future interactions.

01

Impartial facilitation

A neutral process for exploring concerns and proposals, not advocacy for one participant.

02

Informed decisions

Time and structure to identify relevant facts, options, and outside advice where needed.

03

Practical next steps

Attention to agreements people can understand, evaluate, and implement.

MATTERS WE CAN HELP MEDIATE

Employment disputes, workplace relationships, and transitions.

Every situation has its own history and considerations. These examples illustrate the kinds of issues a neutral mediation process may address; they do not imply that mediation is suitable for every case.

01 / EMPLOYMENT CLAIMS

Discrimination & retaliation disputes

Negotiations arising from allegations of discrimination, harassment, retaliation, or unequal treatment, including matters connected to an administrative complaint when mediation is appropriate.

02 / ACCOMMODATION

Disability, leave & return-to-work

Conversations about communication, accommodation processes, role expectations, workplace transitions, and return-to-work arrangements.

03 / PERSONNEL

Performance & disciplinary disagreements

Disputed expectations, feedback, disciplinary actions, work assignments, and the practical steps needed for clearer performance conversations.

04 / RELATIONSHIPS

Colleague & management conflict

Persistent interpersonal tensions, difficult supervisor-employee relationships, communication breakdowns, and team-level trust concerns.

05 / TRANSITIONS

Separation & exit negotiations

Terms of a proposed departure, transitions in responsibilities, payment or benefits questions, references, and future communication expectations.

06 / ORGANIZATIONS

Teams, leadership & internal processes

Conflicts involving organizational change, responsibilities, collaborative decisions, internal stakeholder relationships, and governance communication.

A neutral mediator does not determine whether unlawful conduct occurred. Rights, deadlines, and agency or court requirements require separate attention and, when appropriate, independent legal advice.

TWO COMMON MEDIATION PATHS

Different goals call for different conversations.

We clarify the intended purpose during intake, including who should participate, what information may be needed, and whether the matter involves a legal claim, ongoing working relationship, or both.

PATH A / DISPUTE RESOLUTION

Resolving employment-related claims

When a dispute has become formal or threatens to become formal, mediation can provide an opportunity to evaluate settlement options and explore negotiated terms.

  • Identify disputed claims and principal areas of disagreement.
  • Consider proposals involving monetary or nonmonetary terms.
  • Discuss confidentiality, references, communication, and practical implementation where appropriate.
  • Allow parties and independent counsel to evaluate proposed language before signing.

Participation in mediation does not automatically pause filing deadlines, litigation obligations, or administrative proceedings.

PATH B / WORKPLACE FUNCTIONING

Improving an ongoing work relationship

When individuals expect to continue working together, the objective may be less about a settlement amount and more about preventing recurring conflict.

  • Clarify roles, responsibilities, and decision-making authority.
  • Address how feedback and difficult concerns will be communicated.
  • Develop meeting, escalation, or follow-up practices.
  • Identify check-in dates and a workable accountability structure.

These agreements are distinct from a formal HR investigation or adjudication of misconduct.

FROM POSITIONS TO POSSIBILITIES

A workable outcome is more than a number.

In appropriate cases, participants may discuss an agreement that addresses both the immediate disagreement and the practical realities that follow it. The parties decide which terms, if any, are acceptable.

01

Compensation & financial terms

Possible payment arrangements, timing, allocation of responsibilities, or other negotiated financial matters.

02

Working arrangements

Role clarity, scheduling, reporting relationships, communications, training, or expectations for future interactions.

03

Transitions & closure

Departure logistics, references, property return, agreed messaging, and steps to close out outstanding obligations.

Partial progress still has value. Even where no final agreement is reached, identifying shared facts, narrowing disputed issues, or clarifying next steps can make future decisions more informed. No outcome is guaranteed.
WHAT WORKING WITH VIRNET LOOKS LIKE

A clear process, adapted to the people involved.

The structure is tailored to the dispute and the participants' needs. Some matters can be addressed in a focused session; others require additional preparation or multiple meetings.

01

Initial inquiry & suitability

We discuss the general nature of the conflict, participants, urgency, necessary accommodations, safety, and potential conflicts of interest.

02

Agreement & preparation

The parties receive information about the process and fees, confirm participation arrangements, and identify documents or decision-makers needed.

03

Facilitated negotiation

The mediator manages the discussion, explores interests and options, and may use private sessions or separate virtual rooms as appropriate.

04

Agreements & next steps

Where participants reach agreement, terms may be summarized or prepared for review by the parties and their independent advisers.

Mediation is generally voluntary unless an applicable agreement, court, agency, or other governing process requires participation. The mediator does not impose a decision.

FAIRNESS, PARTICIPATION & LIMITS

A productive process depends on appropriate safeguards.

Employment disputes sometimes involve unequal access to information, different levels of authority, concerns about retaliation, or real consequences for someone's livelihood. Those considerations belong in the initial suitability assessment.

Conditions that can support mediation

  • Each participant can meaningfully consider choices and express concerns.
  • Relevant decision-makers are available or appropriately represented.
  • The parties can obtain necessary documents and independent advice.
  • Ground rules and process adaptations can address participation concerns.

Reasons to pause or consider alternatives

  • Threats, coercion, intimidation, or material safety concerns.
  • Pressures or power imbalances that cannot be managed adequately.
  • Urgent filing deadlines, preservation duties, or protective needs.
  • Inability to secure informed participation or essential information.
Confidentiality has limits. Its extent depends on applicable law, the mediation agreement, and relevant exceptions. Mediation does not automatically replace an employer's investigation, reporting obligations, internal procedures, or a participant's right to seek legal advice.
ONLINE BY DESIGN

A private, organized setting for difficult workplace conversations.

VirNet conducts mediations online, making it possible for participants, managers, HR representatives, insurers, and advisers in different places to join a coordinated process without unnecessary travel.

When appropriate, sessions can include joint conversation, individual meetings, separate virtual rooms, and time for participants to consult their own advisers. We discuss accessibility needs, technology, privacy, and the practical format before a session.

Explore our national mediation services
A thoughtful virtual process
Flexible participation

Coordinated attendance by individuals and authorized decision-makers.

Separate meeting spaces

Private conversations when appropriate to the mediation process.

Clear preparation

Advance consideration of documents, privacy, accessibility, and timing.

Participants are responsible for choosing an appropriately private location and following the agreed technology and confidentiality practices.

PREPARING FOR MEDIATION

Good preparation makes room for better choices.

You do not need to have every answer before reaching out. A few practical preparations can help everyone use mediation time more effectively.

For employees and individual participants

  • Identify the events, decisions, and concerns you want to discuss.
  • Consider your preferred outcome and other acceptable possibilities.
  • Organize relevant communications and documents.
  • Identify questions requiring independent legal or financial guidance.
  • Note timing concerns, personal needs, or participation accommodations.

For employers, HR and organizational representatives

  • Clarify who has authority to evaluate and approve proposals.
  • Identify relevant policies, records, and prior internal steps.
  • Consider organizational priorities and possible implementation constraints.
  • Ensure appropriate internal or external advisers are available.
  • Plan for accurate follow-through on any mutually agreed terms.

This is a planning aid, not an instruction to send confidential personnel or legal materials through a public website form. We will explain appropriate information-sharing arrangements during intake.

EXPERIENCE & NEUTRALITY

Professional experience with the human side of conflict.

VirNet's mediation team brings experience in workplace disputes, civil rights administration, law, education, and organizational leadership. That background helps us understand the complexity of employment-related negotiations while preserving a neutral role in each mediation.

Meet our mediation team
The people behind VirNet

Experienced professionals. A more personal approach.

Mediation is built on trust. Meet the professionals who create a structured, respectful space to explore options and move difficult conversations forward.

Legal experience, academic training, and years spent facilitating difficult discussions inform our work—while neutrality and participant choice remain central to every mediation.

Founder & Principal Mediator

Dr. Benjamin J. Earwicker

Attorney, educator, and mediator whose practice draws on civil rights administration, workplace dispute resolution, negotiation, and organizational leadership. Ben emphasizes thoughtful preparation, clear communication, and durable, participant-driven agreements.

J.D. · Ph.D. · Mediation & ADR educator

Read Ben's background
Lead Mediator

Joshua B. Holmstead, Esq.

Attorney and bilingual mediator who helps individuals, families, and businesses work through emotionally charged and complex disputes. Josh brings a calm, practical approach to communication, negotiation, and the development of workable agreements.

J.D. · Family & civil mediation · Spanish-speaking

Read Josh's background
Client Lead Specialist & Mediator

Virginia Earwicker, B.S., CPM

Virginia Earwicker is a Certified Professional Mediator with a background in psychology and graduate studies in clinical mental health counseling. As Client Lead Specialist and Mediator, she helps individuals and families navigate difficult conversations with empathy, clarity, and thoughtful guidance. Virginia brings a compassionate, client-centered approach to mediation, emphasizing trust, communication, and practical resolution.

B.S. · Certified Professional Mediator · Client Intake & Mediation

Read Virginia's background
COMMON QUESTIONS

What to know before workplace mediation.

We discuss process details during intake. These answers offer a general starting point, not legal advice about an individual matter.

Can employment discrimination or retaliation allegations be mediated?

Potentially. Mediation can support settlement discussions involving disputed allegations where the parties and the applicable process permit it. The mediator does not make findings about liability or replace agency or court determinations.

Do I need to have filed an EEOC or state agency charge first?

Not necessarily. Some employment disagreements are mediated before a formal charge is filed, while others arise during an administrative or legal process. The right approach depends on the circumstances. Participants must independently address applicable filing deadlines and agency requirements.

Can mediation help employees who must keep working together?

Yes, when appropriate. Mediation may focus on working expectations, communication, responsibilities, and ways to handle future disagreements. It is not a substitute for required investigations or protective measures.

Does the mediator represent the employee or the employer?

Neither. The mediator acts as an impartial facilitator and does not provide individual legal representation or decide the merits of the dispute. Each participant may seek their own lawyer or adviser.

Who should attend an employment mediation?

That depends on the issue. Participants might include an employee, management or HR representatives, authorized decision-makers, and independent legal counsel. We discuss roles, attendance, and authority before scheduling.

Is workplace mediation confidential?

Confidentiality depends on applicable law, the mediation agreement, the participants' obligations, and any exceptions. We explain the process and do not promise absolute secrecy or that mediation overrides workplace reporting duties.

What if one participant feels pressured to agree?

A sound mediation process requires meaningful participation and the ability to evaluate choices. We assess potential power and safety concerns, can discuss appropriate adjustments, and may determine that mediation is unsuitable if essential safeguards are unavailable.

Will a mediated agreement be legally binding?

That depends on the terms, applicable law, and any required review or formalities. Participants should obtain appropriate independent advice before signing a settlement or other consequential agreement.

What happens if we cannot reach agreement?

No agreement is guaranteed. The parties may clarify issues, reach a partial understanding, or decide to use other available internal, administrative, or legal processes. The mediator does not impose a result.

How are sessions scheduled and fees determined?

We discuss participants, preparation, anticipated work, format, and applicable rates during the initial consultation. Total time and cost vary with the complexity of the dispute and the parties' readiness; no particular result or duration is promised.

TAKE THE FIRST STEP

A better workplace conversation can begin here.

Tell us the general nature of your employment or workplace dispute. We'll discuss whether neutral mediation may be appropriate, who needs to participate, how the process works, and what scheduling and fees could look like.