An experienced Orange County employment law attorney takes a look at the mediation process, what you should or should not settle for and the need for strict confidentiality in the article below.
The Baseline Figure
You and your Orange County employment lawyer will go into the mediation with a settlement figure already in mind. If you are fortunate enough that your mediation has progressed favorably, you may be offered either that or more by the opposition. It is important that you not allow yourself to react to this regardless of how pleased you are. Remain impassive. Further, answer no questions and offer no information. Refer all questions put to you to your lawyer and indicate that you will act according to his or her instructions. It is your lawyer’s function to negotiate the best possible settlement for you and a reaction on your part could influence the amount of your settlement to your disadvantage. Put your confidence in your attorney’s expertise, and keep in mind that your baseline figure may fluctuate according to what happens as the mediation progresses.
Say Nothing To Anyone
Under no circumstances should you discuss the mediation with anyone. Mediation proceedings are always kept in absolute confidentiality. Whatever is said, agreed upon, admitted, confessed, discussed or otherwise brought forward in the meetings must be kept within those four walls. Nothing can be repeated, not even in a courtroom situation. This means that nothing said by either side can be used against the other at trial. Discuss nothing with anyone, not even family, friends or neighbors. You should not, in fact, inform even those closest to you that a mediation is to be held concerning the case. By mentioning a mediation or even the possibility of one, you arouse curiosity and increase the risk of compromising the confidentiality of the meeting. Doing so could adversely affect the possibility or amount of settlement, especially if the defendants were inclined to settle the case at this point and then discovered that you discussed it with others.
Don’t Risk Your Case
Make sure that your mediation and your case are conducted properly. Contact your Orange County employment law attorney by calling Daily Aljian LLP at 949-861-2524 today.