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How to Prepare for Personal Injury or Employment/EEOC Mediation

Written by: Arkady Igor Itkin

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Posted over 2 years ago. Applies to California, 2 helpful votes, 0 comments

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Be flexible and do NOT set bottom number settlment in your mind.

It is essential that you come to the mediation with an open mind. You might have the bottom $ figure in mind under which you are not willing to settle, but the reality is that your figure is based on nothing other that what you believe you deserve to be compensated with, which is of course not a legal basis for the amount that you would like to receive. Your opponent has a set of arguments that are designed to show the weaknesses of your case and the strengths of their case. Some of the opposition's arguments might be even more compelling than yours. This does not make you a bad person but this does mean that you have to listen to the other side and adjust your expectations accordingly.

Appreciate the value of certainty

You should not sell your claim short and allow yourself to be taken advantage of at any settlement conference, including a mediation hearing. However, you have to remember that there is great value in certainty of setting your claim and being compensated today for a certain, specific, known amount of money, rather than leaving your case to the mercy of jury, which may award more or less than what you would have received at the mediation or may find for the other side and leave you owing legal costs to the party you sued. There is a significant benefit in being paid today and knowing exactly how much you are paid than waiting for months or even longer to maybe get a higher judgment/verdict at trial.

Be Patient

Mediation is like a flee market. It's about bargaining. Be assured that the opening offer at the very beginning of the mediation will feel insulting to you. Don't take it personally or too seriously. It's just part of the game. Be ready to spend a whole day negotiating, especially if you have a relatively big case. Both parties will be slowly moving from their initial offers toward each other. Let the process follow its course and don't give up because you are tired or want to go home early. This is the day that you should commit to maximizing your recovery.

Mediation is as much about getting as it is about giving.

Expect to not be fully satisfied with the mediation outcome or with the settlement. No one ever is. The purpose of the mediation is for both parties to compromise. You will receive less than you hoped, and the other party will have to pay more than they feel they should. This is the price you pay for settling your case and moving forward.

Submit your mediation brief promptly to the mediator and the opposing side

Give the opposing side and the mediator sufficient time to familiarize themselves with and understand your claims and arguments. Of course, this will give the opponent the benefit of preparing their own arguments better, but it will also give them the opportunity to re-evaluate your case and to possibly add more value to it, being ready to settle for more than they initially planned.