Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?
How, where and when can I request to be referred to medition?
A:
Neither employer nor employee are forced to mediate. That process is voluntary.
However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.
Even during mediation, the value of having an employment lawyer frame a concise and convincing plausible recovery theory, in the event of inevitable litigation, can't be overstated.
Some cases begin as "no pay" cases and are settled very favorably with experienced employment litigators on both sides. Dabblers present the most challenges. These are lawyers who accept an employment case occasionally. It's not the focus of their practice.
Representatives at mediation must choose their words carefully. Being too assertive or not assertive enough at mediation can be equally disastrous. If your opponent has agreed to mediation then you should certainly lawyer up for that opportunity at early resolution.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
