An Irvine Employment Lawyer Discusses the Defense’s Demands Prior to Mediation

Irvine employment lawyerThere are certain demands that counsel for the opposition will attempt to make of you before your case goes to mediation. An Irvine employment lawyer explains some of these and how you might prepare.

Counsel for the Defense’s First Demand
In between the time you and your Irvine employment law firm offer a preliminary figure for settlement and the time that you put forward a proposal that the case go to mediation, counsel for the defense might require a settlement demand from you. At this point, the defendant has not yet determined his or her willingness to take part in an arbitration meeting.

The Real Reasons
Contrary to defense counsel’s assertion that they are making this demand in order to determine that both sides are considering the same settlement range, there is more to it. Their actual reasoning is as follows:

  • If you and your Irvine employment law firm decide to comply with this demand, then the defense has succeeded in placing a limit on the range of settlement figures to be considered; and
  • By agreeing to this demand you place yourself in a position of having to renegotiate your settlement demand twice over. In the first instance, since the defendant has not yet decided whether or not to participate in mediation at all, this gives them the opportunity to require your capitulation as a condition of their willingness to meet you at the arbitration table. In the second, the arbitrators customarily will require that you take the initial action. To avoid this, you must inform the mediator of defense’s prerequisite that you offer an initial settlement figure. A responsible arbitrator will, given such a situation, require that the defense take initial action instead of you.

Seek Qualified Advice
If you are undergoing the procedures involved in an employment discrimination case, qualified professional help is an absolute must. Call Daily Aljian LLP, your Irvine employment lawyer, at 949-861-2524 today and find the advice, assistance and guidance that you need.

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