Originally from Alternatives to the High Cost of Litigation

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Don’t you just love it? Your employment case is in the discovery stage when the defense suggests an early mediation. No promises, of course, but the defendant thinks it would be a “productive exercise” to see if the parties can find a settlement before the litigation fees and costs get too far out of control. 

It’s a reasonable suggestion since defendants generally understand that as the case rolls on, they are paying for their own legal counsel, and thanks to laws like California’s Fair Employment and Housing Act (available at http://ow.ly/Vfi57), are likely carrying the tab for the plaintiff’s legal fees as well. 

On the other hand, what’s the case really about? You know what your client has told you, and what your own investigation has turned up, but what does the defendant—who generally has the documents and witnesses under its control—have up its sleeve? 

Still, it doesn’t hurt to find out. So you agree to mediation, select your mediator, and schedule the date.