Mediation Case Analysis

Case Introduction:   The case involves an age discrimination suit by the plaintiff, Pat Thibideau, a commission salesman, against his former employer, Kane’s Restaurant Supply. Mr. Thibideau had worked for Kane for 15 years when he was asked to retire at age 65 under the company’s mandatory retirement policy. After a brief vacation, Mr. Thibideau consulted with an attorney and learned that mandatory retirement was illegal.   Mr. Thibideau went to see the company’s owner and CEO, Robin Kane and demanded his job back. After talking to his lawyer, Mr. Kane reinstated Mr. Thibideau as a commission salesman. A year later, however, Kane terminated Mr. Thibideau, alleging poor sales performance. Mr. Thibideau has alleged that his sales performance suffered because Kane assigned him to a new sales territory and changed his commission structures.   The mediation begins with a joint session. The mediator first asks the parties of counsel to introduce themselves, and then turns the focus to the dispute.