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The Role of Mediation in Your Case

A guide to the confidential settlement conference.

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.

How Mediation Works

  • 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.
     
  • Confidentiality is Key: By law, mediation is a confidential process. Nothing said or written 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.

Your Role and What to Expect

While we will do all of the legal arguing and negotiating, your participation is important. You will need to be present for the entire session, which can last all day and sometimes into the evening. Your key role will be to tell your story to the mediator and explain how you have been damaged.

There will be a lot of downtime while the mediator is with the other side, so feel free to bring a book, laptop, or other work to keep occupied.

Potential Outcomes

By the end of the day, both sides will know each other's best settlement offers.

  1. 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.
  2.  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.

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