The Role of Mediation in Your Case

What this stage is

As your case progresses, we will likely schedule a mediation. Mediation is an informal and confidential way to resolve legal disputes with the help of a neutral third party, called a mediator. This article explains the process and what you can expect on mediation day.

Mediation is a significant opportunity to resolve your case without the further delay, expense, and uncertainty of litigation. A fair percentage of cases that go to mediation reach a settlement, so the process deserves our careful attention.

Confidentiality is key. Mediation is a confidential process. Nothing said or written there can be used later in court. This allows everyone to be candid about the strengths and weaknesses of the case, which is essential for productive negotiations.

How long it typically takes

Plan to be present for the entire session. Mediation commonly lasts all day and sometimes runs into the evening. There will be a lot of downtime while the mediator is with the other side, so feel free to bring a book, laptop, iPad, or other work to keep occupied.

What we do

We do all of the legal arguing and negotiating. Before mediation, we prepare a written summary of your case for the mediator. On the day itself, we present your case, respond to the other side's arguments, and advise you on every offer.

The mediator's role. The mediator's job is not to decide who is right or wrong, but to help both sides work out their own solution. They will often act as a "devil's advocate" for both sides, poking holes in each case to explore how a judge or jury might view it. By bringing a fresh perspective, they help move the settlement process forward.

The process. On the day of mediation, we will be in one room and the other party will be in another. The mediator will go back and forth between the rooms to discuss the case and relay offers. You will not have to see the employer (other than possibly for a brief introduction), and their lawyer will not be asking you questions.

What you do

Your participation is important. Your key role is to tell your story to the mediator and explain how you have been damaged. Beyond that, your job is to listen, ask us questions, and make the final decisions.

The decision to settle is always yours. We will give you our honest advice about every offer, including whether we think it is fair. But we cannot and will not accept or reject an offer without your approval. You hold the authority to settle. That never changes.

How the numbers move

Be ready for the first offers to feel far apart. Our opening demand will usually be high, and the employer's first offer will usually be low, sometimes insultingly low. This is normal. It is how negotiations start, not a signal of where they will end.

Through the day, the mediator carries offers and counteroffers back and forth, and the numbers usually move toward the middle in rounds. Progress can feel slow, especially in the morning. Try not to be discouraged by any single number. What matters is the direction of movement and where things stand at the end of the day.

What happens next

By the end of the day, both sides will know each other's best settlement offers. From there, one of two things happens:

Successful settlement. If a settlement is negotiated that you approve, you will be asked to sign a formal and binding agreement to finalize it before the mediation ends. The case then moves to resolution and closing.
Impasse. If no agreement is reached, the case simply continues on the path toward trial. The day is still valuable, as it clarifies the best possible settlement terms, and settlement talks often continue afterward.

Every case is different. Ask your legal team how this applies to yours.

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.