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What advantages are there for employees to mediate?

On Behalf of | Oct 11, 2022 | Employment Disputes

When you experience discrimination, at the moment, you feel hurt and violated. However, at some point, you will want to fight back. And, luckily, since workplace discrimination is illegal, victims can fight back through litigation. However, justice does not always come at the end of litigation. Instead, you may find that you can get justice through Los Angeles, California, mediation.

Mediation?

Mediation is an alternative to litigation that is officially offered by the U.S. Equal Employment Opportunity Commission. In this informal and confidential process, an EEOC-trained mediator tries to jointly settle the differences and issues between you and your employer. The mediator does not work for the EEOC, but they have been trained by them. Mediators do not make findings of fact or make determinations. The mediator’s entire job is to find a mutually beneficial resolution.

Not a mandatory process

Once you file your EEOC complaint, you will be offered mediation. But, this process is not mandatory, and in some cases, it is not even advisable. You should speak with your Woodland Hills neighborhood attorney before entering mediation. In addition, your attorney can accompany you to mediation to ensure that the resolution you reach is fair.

Reasons to use mediation

Some may look at the mediation process skeptically, but there are benefits for discrimination victims. The primary benefit is time. Litigation can last years, and with appeals, possibly decades. Even if your attorney does not charge anything until they win, you will still spend time and resources (travel costs, gas, etc.) during the litigation and the appeals.

This means that your resolution, even if you get what you want, may not be for a very long time. And, even if you have the best case with a mountain of evidence, winning at trial is never guaranteed. This means that, after you go through this protracted legal process, you may still lose. In the mediation process, though, you can come to a resolution within hours.