Mediation does not come without a price. In this article, an experienced Costa Mesa employment attorney discusses how much that should be, in what manner it is likely to be paid and by whom.
Rather than immediately yielding to the expectation that you will be responsible for half of the mediation fees, you should look at the following alternatives:
The Opposition Pays for It
This is not entirely out of the question, and, for the plaintiff, it is the most desirable prospect. If your current financial burden is such that it leaves you with insufficient means to offer a partial payment, if your case is extremely strong and it is very likely that you would win in a courtroom situation or if the defendant-employer fears that the press associated with the case could be damaging, they might agree to pay the mediation fees. In your turn, you could assure the opposition that if they do this, you will stay throughout the entire mediation.
Offer a Token Payment
If you can put even a small amount towards the fee it will reassure the defendant that you are serious about the mediation. Since the employer’s financial resources far exceed yours, a small payment of from as little as $250 to $500 if you can manage it is perfectly reasonable.
Divide the Fee among the Participants
You can also demonstrate your determination to stay the course by suggesting that the mediation fees be shared among the principal parties. It is most beneficial to the plaintiff in cases where there is more than one defendant involved.
You Pay Nothing if the Issue Remains Unresolved
If the mediation is successful, you pay half of the cost. If it is not, there is no cost to you. The reverse, in which you offer to pay 50% if mediation is unsuccessful, is another option. These are last resort proposals to be put forward only if the defendant will not agree to any of the others.
Call Us for Help
Let us assist you with your case. Call Daily Aljian LLP, your Costa Mesa employment lawyer, at 949-861-2524 for experienced legal counsel. Call today.