Employment Mediation FAQs
Considering mediation for an employment dispute? Whether you’re an attorney evaluating mediation for a client or a party preparing for your own session, these are the questions I hear most often. If you don’t see your question answered here, contact me directly or schedule a call.
Category 1
General Mediation Questions
Employment mediation is a confidential, voluntary process where a neutral third party (the mediator) helps both sides in a workplace dispute negotiate a resolution without going to trial. Unlike a judge or arbitrator, a mediator doesn’t decide the outcome. Instead, the mediator facilitates communication, helps each side understand the strengths and weaknesses of their position, and guides the parties toward a settlement both can accept.
Mediation and arbitration are both alternatives to a courtroom trial, but they work very differently. In mediation, the mediator has no power to impose a decision, the parties control the outcome, and either side can walk away without an agreement. In arbitration, the arbitrator acts more like a private judge: both sides present their case, and the arbitrator issues a binding (or sometimes non-binding) ruling. If you want control over the outcome, mediation is the better fit. If you want a third party to make the final call, arbitration is closer to litigation in structure.
The mediation process itself is not binding, neither party is required to settle, and either side can leave at any time. However, once both parties reach an agreement and sign a written settlement agreement, that agreement is a legally binding and enforceable contract, just like any other settlement.
Yes. Mediation communications in California are protected under California Evidence Code sections 1115–1128, the mediation confidentiality statutes. Generally, what’s said during mediation cannot be used as evidence in later court proceedings, and the mediator cannot be compelled to testify about what occurred. This is one of the biggest practical advantages of mediation over litigation, it allows for frank, honest conversations that wouldn’t be possible in open court.
It’s not legally required, but it’s strongly recommended, especially in employment disputes where wage and hour laws, retaliation claims, or discrimination statutes are involved. Having an attorney ensures you understand your legal rights, the realistic value of your case, and the terms of any settlement agreement before you sign. Many of my mediations involve represented parties on both sides, though I have also mediated cases with self-represented individuals.
Most employment disputes are good candidates for mediation, including:
- Wrongful termination
- Retaliation claims
- Discrimination and harassment claims
- Wage and hour disputes
- Non-compete and trade secret disputes
- Breach of employment contract
- Severance negotiations
- Whistleblower claims
If you’re unsure whether your specific situation is a fit, reach and we can discuss it directly.
Category 2
The Mediation Process
Most employment mediations are scheduled for a half day (around 4 hours) or a full day (6–8 hours), depending on the complexity of the case, the number of parties, and how far apart the sides are at the outset. Some straightforward disputes resolve in a few hours; more complex or high-conflict matters can take a full day or, occasionally, require a follow-up session.
Every mediator runs sessions a bit differently, but a typical employment mediation with me includes:
- Separate opening conversations with each side (since I find that joint caucuses can often be counterproductive to reaching resolution)
- Private caucuses, where I meet separately and confidentially with each party to understand their position, concerns, and goals
- Back-and-forth negotiation, facilitated through me as the parties exchange offers and demands
- If an agreement is not reached, I often follow up on the dispute since even a mediation session resulting in no settlement can set the state for settlement with follow-up efforts.
No. Many employment mediations, especially virtual ones, are conducted primarily through separate caucus sessions, with each side in its own private virtual or physical room. I move between the parties to relay offers, ask questions, and help narrow the gap. A joint session at the start is common but not required, and some parties prefer to avoid direct interaction altogether, particularly in cases involving harassment or significant conflict.
Yes. I conduct most of my mediations virtually using a real-time video platform with breakout rooms for private caucuses, which replicates the structure of an in-person mediation closely. Virtual mediation also offers real practical advantages: no travel time, easier scheduling across multiple attorneys’ calendars, and the ability for parties to be in a comfortable, low-stress environment during a difficult conversation.
For represented parties, your attorney will typically prepare a mediation brief outlining the facts, legal claims, and settlement position. If you don’t have an attorney, it’s still helpful to organize key documents (employment records, relevant emails, pay records, etc.) and think through your goals: What outcome would you consider a success? What’s your minimum acceptable resolution? Having clarity on these questions before the session makes the process more productive.
Not every mediation resolves on the first attempt, and that’s okay. If the parties are closer but not quite there, I’ll often continue working the case after the session ends, following up with both sides to try to bridge the remaining gap. If the case truly doesn’t resolve, the parties retain all their legal rights and can proceed with litigation or arbitration, and nothing discussed in mediation can be used against either side later.
Category 3
Cost and Logistics
Mediation fees are typically charged on a half or full-day basis, split between the parties unless otherwise agreed. Mediation costs a fraction of what even a few additional months of litigation would cost in attorney fees, discovery, and expert witnesses. Contact me for my current rates.
In most cases, the cost is split evenly between the parties, though this is negotiable and sometimes addressed differently depending on the circumstances (for example, in cases involving an EPLI insurance policy, the carrier may cover some or all of the mediator’s fee).
You can schedule directly through my online booking system, or call my office at (619) 910-1200. I’ll typically follow up to discuss the case briefly, confirm availability for both sides, and get the session on the calendar. My real-time online booking system through Scale Mediation provides the easiest scheduling possible for parties.
It depends on case complexity and both parties’ availability, but I generally recommend scheduling at least 3–4 weeks out to allow time for mediation briefs to be prepared and exchanged, and to coordinate calendars across multiple attorneys. That said, I can often accommodate more urgent timelines, including pre-litigation mediations where getting ahead of a filed lawsuit is a priority.
Yes, and this is often one of the most cost-effective times to mediate. Pre-litigation mediation can resolve a dispute before either side incurs the cost of filing, answering, and conducting discovery in a lawsuit. I regularly mediate matters at the pre-litigation stage for both employees and employers who want to resolve things efficiently before formal litigation begins.
Category 4
Why Choose This Mediator
I spent nearly two decades as a plaintiff-side employment litigator and trial attorney before transitioning into mediation full-time. That means I’ve sat in the room negotiating these exact disputes from the inside; I understand the legal exposure, the litigation costs, and the practical pressures both sides are weighing, not just the surface-level positions. I also hold a certificate from the “Mediating the Litigated Case” program at the Strauss Institute for Dispute Resolution, Pepperdine Caruso School of Law.
As a mediator, I’m a neutral, which means I don’t represent either side. My background as a plaintiff-side litigator gives me insight into how employees and their counsel evaluate a case, which is valuable context for employers and defense counsel as well, since it helps me facilitate a realistic, balanced conversation about risk and value for both sides.
Employment disputes involve specific statutes, damages models, and procedural nuances, like California Labor Code provisions, FEHA claims, wage and hour calculations, and retaliation standards, that a generalist mediator may not fully grasp. Working with a mediator who already understands this legal landscape means less time spent educating the mediator and more time spent actually negotiating toward resolution.
My approach is built around de-escalation rather than pressure. High-conflict employment disputes often carry real emotional weight, and parties who feel rushed or pressured tend to dig in rather than move toward resolution. I focus on slowing the process down when needed, helping each side regain perspective, and creating space for thoughtful decision-making. In my experience, that approach produces settlements that actually hold up, rather than ones reached under duress that fall apart later.
Ready to Schedule Your Mediation?
If you are an attorney or party involved in a California employment dispute, employment law mediator Corey Hanrahan is ready to help you find resolution. With deep expertise across the full spectrum of employment claims, formal mediation training from Pepperdine’s Strauss Institute, and a proven de-escalation approach, Corey brings everything you need to the table, except the pressure.
Call (619) 910-1200, use the online booking system, or email us at [email protected] to schedule your mediation today.