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Attorney fee for EEOC mediation

Brooklyn, NY |

I am looking for a lawyer for an EEOC mediation for employment discrimination. One lawyer asks for $5000 retainer fee and 30% of the settlement. Is this normal for a mediation?

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Attorney answers 4

Best Answer

There is no magic to the terms of a retainer. Where a proposed retainer agreement involves partly a flat fee and partly a contingency fee, you have to evaluate your relative chances for success (granted, this can be a difficult evaluation) and the size of the proposed settlement that you anticipate (this, too, can sometimes seem like a wild guess).

Mediation can sometimes be very time-intensive and there is no way to tell from the outset whether the mediation process will be intense and fast-moving or whether it will be slow and drawn out.

If you would like to discuss this in some detail, you may feel free to contact me.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

Marilynn Mika Spencer

Marilynn Mika Spencer


Good advice from Mr. Haber and others here. Note the fee the attorney charges will also cover preparation for the mediation: learning the facts of the case, researching the law, consulting with you, etc. All of this can really add up, so be sure to work out a satisfactory fee agreement before retaining the attorney. Best if luck to you!


My colleague provides execellent advice. You can contact the NY State Bar and ask for a list of employment attorneys who may be able to assist you. Another option may be to contact your local legal services who can make suggestion as to private attorneys who provide assisatnce at EEOC mediations. Good luck.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


The National Employment Lawyers Association also operates an employment attorney referral service. Here is the link:

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


I agree with Christine's answer. Consulting
should put you on the right track. I also suggest that you contact a local lawyer. Initial consults are often free whereas legal representation is often not. Unless you qualify for legal aid, you will likely need to hire a lawyer with whom you can agree upon a fee. In the interim, there is no way to predict how long a mediation will take. Good luck.

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