What To Expect During A Mediation Session For A Workplace Discrimination Case In California

In this article, you can discover…

• Whether mediation is legally required for workplace discrimination lawsuits in California.
• The benefits of settling your discrimination case through mediation.
• How a strong attorney can help you navigate mediation and negotiation successfully.

Is Mediation Required For Workplace Discrimination Lawsuits In California?

In California, mediation is not automatically required for workplace discrimination lawsuits, but it is strongly encouraged and is often part of the process, especially before a lawsuit is filed in court. As an attorney, I will sometimes employ pre-litigation mediation to resolve my client’s issues, rather than use the time, expense, and resources of filing a lawsuit, especially if both parties are willing to step up to the table.

Mediation not only keeps costs down, but it also helps protect your privacy. The process also moves much faster than a trial, allowing you to get your damages much quicker without the stress and burden of discovery, questioning, and depositions.

Even when you do file a lawsuit, the courts will still push for a mandatory settlement conference; in essence, forced mediation. With the help of a skilled attorney, mediation allows you to move forward and negotiate for damages that both you and your employer can live with. It’s a far less stressful process, and still keeps you in control of the damages that you agree to settle for.

Who Participates In California Employment Discrimination Mediation Sessions?

Today, most mediation sessions are conducted through Zoom, with you and the mediator conversing through the video call. Your employer, in another room, is on their own, separate Zoom call with the mediator. The mediator goes back and forth between the two rooms to communicate each side’s position, evidence, and offers. This means you won’t have to see, hear, or talk directly with the other party at all.

You and your attorney will be on one Zoom call, while your employer and their attorney are on the other Zoom call. Other parties, such as an insurance broker or a union representative, could be a part of the mediation process, as well. A loved one can also be seated with you if you need their emotional support for the session.

Then, negotiations and counter-offers begin. If you reach an agreement, it is written up and signed. In other cases, the mediator may suggest a number to settle on, but it’s up to you to decide if this amount seems reasonable and fair.

The good thing about mediation in California is that it is confidential by law. Nothing said by either side can be used in court, and both sides usually sign a confidentiality agreement in the beginning.

Confidentiality in mediation is a great safeguard, as you may tentatively agree to a $5,000 settlement in mediation, only to have mediation break down. You go to trial and ask for $50,000 in damages. Your employer can not then drag out your $5,000 offer made during mediation to try to pressure you into seeking less.

Attorney Kevin Levian is a practiced, determined employment law attorney serving California. Since 2003, he’s helped clients just like you approach mediation with confidence, thoughtfulness, and an eye on your goals and dignity.

Have questions, or in need of legal help? Reach out to Levian Law for an initial consultation today.

How Do I Prepare Emotionally And Legally For Workplace Mediation?

Preparing for workplace mediation in California requires both emotional readiness and legal preparation. While mediation is not a trial, it can still be intense and very personal. But the better prepared you are, the more confident you’ll be, and the easier it will be to secure a fair outcome.

First, acknowledge the emotional weight of the matter. Being discriminated against is deeply personal, and the mediation session may bring up some anger, hurt, and anxiety. Recognize that this is normal. You may wish to work with a therapist, life coach, or support person ahead of time.

Go into mediation focused on resolution, not revenge. When you focus on revenge, you’re simply going to waste your own and everyone else’s time. Remember, this is about justice and closure, not emotional validation from your employer.

Practice staying grounded. Mediation can become tense, so be ready for employer denials, minimizing your experience, and offers that may feel insulting at first. Instead, focus on and visualize success and acceptance. Visualize your ideal outcome, corporate policy change, and closure.

Finally, when approaching mediation, accept that you may need to compromise to avoid a longer fight. Settling during mediation is not giving up; it’s choosing a path forward on your terms. Set your boundaries. Know what you’re willing to not accept, and make sure you know your “walk away” number. This will help you stay focused, calmer, and better prepared for the process.

What Are The Benefits Of Settling An Employment Discrimination Case In Mediation?

Mediation gives you more predictability. During a trial, you don’t know what the judge is going to decide. You don’t know what a jury is going to decide, and if you do win at trial, your employer could always appeal the decision.

During mediation, you’re the one making the decision. The other side signs a document saying that they’re going to pay, and that’s a big plus. You’ll also reach a resolution much faster, resolving the dispute in weeks or months, not years.

Mediation is also significantly cheaper than litigation. When you head to trial, expect fees for expert witnesses, court fees, and attorneys, and expect a loss of confidentiality, too. In contrast, mediation details will remain private, protecting your reputation and professional future.

Mediation also allows for more creative and tailored solutions than what a court can order. For example, you can negotiate for apologies, policy changes, training programs, and letters of recommendation.

Finally, mediation is far less adversarial and more collaborative than court trials, helping you avoid the stress of cross-examination and possibly maintaining or even improving your relationship with your employer. It’s a much better solution for most clients financially, emotionally, and practically.

How Do I Handle Power Imbalances During Mediation, Especially When My Employer Has More Legal Influence?

You will need a strong attorney like myself. I have cases against Amazon, Target, and other big players. Handling power imbalances during mediation, especially when your employer has more legal influence, is a common concern in workplace discrimination cases. The good news is that there are several strategies that can help level the playing field.

Your strongest move is to hire a skilled employment law attorney who will even out legal knowledge and skills when up against your employer’s lawyers. Levian Law has been open for 22 years, and we have ample experience with mediation. We know what to do and we know what not to do. We will make sure that all terms are understood before agreeing to a settlement.

Furthermore, the mediator will be trained to recognize imbalances, encourage fairness, and prevent intimidation and pressure tactics. And if something your employer says bothers you, let the mediator know. It doesn’t matter if your employer is a large company or even a global one; if there is evidence against them, there is evidence against them, and you should feel empowered to negotiate for a fair outcome.

At Levian Law, we’ll make sure you understand your legal rights and the damages you’re entitled to. We’ll help you prepare responses in advance and come prepared to respond to your employer’s arguments and tactics.

Finally, we’ll help you keep your goals in mind and make sure you know that you are free to walk away if those goals are not agreed to. Mediation keeps you in control, and with the help of Levian Law, you can approach mediation with confidence and clarity.

Still Have Questions? Ready To Get Started?

For more information on mediation sessions for workplace discrimination in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 833-3-LEVIAN (538426) today.