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Mediation Process
How employment mediation works in California—and how to prepare without oversharing your trial themes.
What mediation is
Mediation is a confidential settlement conference led by a neutral mediator. Nobody decides the case for you; the mediator shuttles offers and reality-tests both sides. Many courts and arbitrators encourage or require mediation before trial.
How a typical day runs
Parties often start together briefly, then move to separate rooms. Counsel exchange demand and offer numbers, sometimes with a mediator’s proposal at the end. Bring authority to settle within a discussed range; insurance adjusters or corporate decision-makers may attend by phone.
How to prepare
Update a damages spreadsheet, timeline, and key exhibits. Decide your walk-away number privately with counsel. Expect the employer to emphasize defenses; your job is to stay focused on risk, cost, and goals—not to litigate every dispute in the mediation room.
If it does not settle
Failed mediation still clarifies valuation and often narrows issues. Litigation continues toward arbitration or trial. See arbitration and trial process.