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Already in a Lawsuit? There's a Faster Path to Resolution.

Mediation can resolve your employment dispute in weeks instead of years, even if litigation has already started. You don't have to drop your case to try.

How It Works for Pending Cases

1

Both sides agree to mediate

Either party can suggest mediation. Your attorneys can participate or advise from the sidelines. Courts actively encourage mediation at every stage.

2

Your lawsuit pauses, it doesn't end

The court can stay (pause) proceedings while you mediate. If mediation doesn't work, your case picks up right where it left off. You lose nothing.

3

A neutral mediator facilitates resolution

Our certified mediators specialize in California employment disputes. They work with both sides through structured rounds to find common ground.

4

If you reach agreement, it's binding

A mediated settlement agreement is enforceable under California law. Both sides walk away with certainty instead of years of uncertainty.

5

If mediation doesn't resolve it, you still have your case

Mediation communications are generally inadmissible in court under California Evidence Code sections 1115–1128. Statutory exceptions include threats of bodily harm, evidence of elder or child abuse, and communications independently admissible outside the mediation.

Why Mediate Now Instead of Waiting for Trial?

Mediation offers clear advantages across multiple dimensions:

Category
Litigation Cost
Litigation Time
Privacy
Control
Outcome
Cost
$75K–$300K+
Cost (Mediation)
Fraction of litigation
Time
3–4 years to trial
Time (Mediation)
Weeks
Privacy
Public record
Privacy (Mediation)
100% confidential
Control
Judge/jury decides
Control (Mediation)
You shape the outcome
Relationship
Adversarial
Relationship (Mediation)
Resolution-focused

For Employees Already in Litigation

  • You don't need your employer's permission to suggest mediation
  • Your attorney can be involved at every step
  • Mediation doesn't weaken your case — it's a sign of good faith
  • Plaintiff's attorneys on contingency have nothing to lose: if mediation resolves the case faster, they get paid sooner
  • Anything discovered during litigation can inform your mediation position

For Employers Facing a Lawsuit

  • Mediation shows good faith to the court
  • Avoid unpredictable jury verdicts
  • Keep the dispute off the public record
  • Reduce defense costs immediately
  • Resolve before more discovery costs pile up
  • California courts expect parties to explore mediation (many have mandatory mediation programs)

Legal Framework

Your Rights and Protections

  • California Code of Civil Procedure §§ 1775–1780 — Judicial arbitration and mediation procedures
  • California Evidence Code §§ 1115–1128 — Mediation confidentiality protections
  • 28 U.S.C. § 651 — Federal court ADR programs
  • California courts actively encourage and often require mediation before trial
  • Federal courts have established Alternative Dispute Resolution (ADR) programs
Legal Notice: This page is for informational purposes only.

Ready to Explore Mediation for Your Pending Case?

For Employees For Employers

Questions about mediating a pending case? Contact us or find a mediator.