Mediation 101: What to expect at mediation

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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

[@daviddunson5522]

Mediation Dec 10th 2024 thanks for all the valuable information.

[@derrickadams3955]

Mine is the 12th good luck to you

[@Flawlessspaghett]

How did it go?

[@derrickadams3955]

@ cancel

[@nofacenocase1357]

THIS DUDE NEEDS AN AWARD FOR GOOD HUMANITY. WE SPOKE HE OFFERED ME AMAZING ADVICE OFFERED INSIGHT INTO WHAT WAS A TUNNEL OF DARKNESS. GIVE THIS DUDE A AWARD

[@JobAttorney]

I don't know who you were that I spoke to, but I'm really glad to hear that I helped you somehow. You know, you can always leave us a nice review if you want. It helps us to help more folks just like you: g.page/whitehilfertyalbanese/review?rc

[@jacobmorales1563]

Did you go into mediation with or without a lawyer? I’m going into mediation with my former employer for discrimination due to a disability and being forced to quit, and I want to get an idea of how yours went (if you’re allowed to speak about it)?

[@kennethnicholson9222]

Vince you have done a great job and showing me and teaching me how to handle my case

[@mercygodtv7577]

How was mediation?

[@derrickadams3955]

Go to mediation in two weeks wish me luck. We already have had settlement offers prior to a mediation so hopefully that’s sign for good outcome.

[@Sistersandslots]

Thank you. I have mediation Aug. 14th 2024. A little nervous but this helps.

[@ramonahudson984]

How long did it take to get a mediation date

[@nickelarcade6934]

I hope all is well with your case

[@ramonahudson984]

@@Sistersandslots how did your mediation turn out without saying exact amounts.

[@ramonahudson984]

My mediation is coming up and I need some positivity

[@Sistersandslots]

@@ramonahudson984 sorry for the late response. Well just as he states in the video it was a lengthy process. My Attorney started off with a very high number and negotiations went back and forth from 10am up until 6pm. I don’t mind throwing out the numbers just won’t say the company lol. The company owed about 3.2 million overall, with fees, penalties and what they owed me and the other parties to this class action for what they did not properly pay us while working with the company. There were only 81 of us. Started with an offer of 1.2 million. We settled for $400,000. I opted to join via Zoom instead of going into the office and was only needed for about the 1st hour. I got regular updates from the Attorney, and when he needed my permission to say or do something he called me. I’m happy, not because of the money, but because I made my point (the money helps lol). Employees work hard and deserve to be treated and paid fairly. I at least know now that this particular company will think twice about not properly paying their employees, not giving them proper meal periods, having to work while off the clock and HAVING to respond to work related issues on their off days :)

[@Budpedia]

I found you because I have mediation in September. This was very helpful. Thank you!

[@derrickadams3955]

How did it go ?

[@Budpedia]

@@derrickadams3955 Both parties got what they wanted! I am satisfied with the results.If I would have hired a lawyer? I probably would have even more satisfied though! Thanks for asking!

[@derrickadams3955]

@@Budpedia I go to my mediation next week. I was shot in a gym two years ago just now getting to end of it all. The defense has threw some counter offers before mediation already . Is this a good sign ? And that’s good I’m Happy things went well.

[@derrickadams3955]

I have a attorney

[@Budpedia]

@@derrickadams3955 This is a good sign, in my opinion. I feel bad that you went through that experience. Glad you got a lawyer because there were a few things I didn't understand. I had a discrimination case, and the opposition lawyer tried to take advantage of me not having legal counsel, but I didn't waiver. I hope the decision is in your favor.

[@jacobmorales1563]

I have just been assigned mediation for a discrimination case I filed with CA civil rights department on my former employer. This video helped a ton! But I have to know, do I need a lawyer going into this? And because my former employer decided to move forward with mediation after receiving word of my monetary amount requested, is it too late to go into mediation asking for more? I believe I have a strong case

[@annielin2894]

Thank you!

[@therealguapstarr]

I have mediation in two days , thank you for this !

[@ramonahudson984]

@@therealguapstarr how did your mediation turn out?

[@derrickadams3955]

Did u get paid 😁

[@ramonahudson984]

@@derrickadams3955 they don't care about this post anymore once he got his come up pins 😂

[@okokayy]

how'd it go? did you have legal representation?

[@itsreallyher_]

I have mediation coming up. I don’t want to seem uncompromising during our mediation, but I’ve literally tried every single thing to encourage my ex husbands presence in out kids lives. I’ve even gone as far as to provide groceries and money for outings when he has the kids. I requested his physical involvement in lieu of child support due to his income being inconsistent. Even with all of these accommodations he is still an absent father and oversteps boundaries that we have agreed to for our children. I finally requested the courts help, but also asked to implement AA/NA, parenting classes and anger management before we can renegotiate custody. I really don’t want to seem harsh in mediation or that I “know it all”, but it took ALOT for me to finally come to this decision and I strongly feel that I’ve done my part to help. At this point, I need what I need from him. One or our kids are on the spectrum so consistency is imperative. How could I present myself during mediation as to not seem unwilling to work with or come to a resolution outside of what I have outlined in the paperwork? I really don’t want to be difficult, but my kids deserve so much more than the bare minimum.

[@annielin2894]

So adorable endearing baby cat 🐈 she’s checking in her friend!

[@annielin2894]

@@ProSePlaintiff I am sorry about that when was his birthday?

[@Dreamsshouldscareyou]

I second the award this is great. Could you do a piece on EEOC caucus strategy with being applied to large corporations in large law firms as the defendant.

[@TWforever665]

Vince the EEOC issued me a right to sue letter that says , my complaint is untimely and in other words I waited to long to bring the matter to their attention. Then six months later I received a letter from the Illinois Department of Human Rights saying that they will investigate and to send copy of EEOC determination. After I sent that I received a questionnaire to write out answers to the my complaint/charge cross filed with both agencies. I completed that questionnaire and returned it to the Illinois Department of Human Rights. What are possible outcomes. I filed discrimination claims and retaliation claims and wrongful termination claims in my complaint that occurred a little over 3 years now. Will the IDHR actually do something to bring justice

[@atruckershustle2319]

Thank you. Our host has mediation soon with a mega carrier in the trucking industry.

[@jsegura525]

Does the plaintiff have any say in defendants request for extension to answer the charge. Can plaintiff limit employer to only one 30 day extension?

[@Adehead]

Does you cat travel back n forth with you when you go to the city? Thanks for videos!

[@JobAttorney]

Yes, I don't like to leave her alone. The Farm Captain and his little boy look in on her if I am just gone for a day or two, but if it is longer she travels with me.

[@Starbeoghtuser3475]

@@JobAttorneyShe’s a BOSS cat! 🐈

[@derrickadams3955]

Mediation next Wednesday I’m excited

[@terramckee935]

I have mediation today. I am a federal employee now placed on administrative leave by my supervisor, as of yesterday, in retaliation for today's eeoc meeting. My supervisor began papering my file in January...about a week after I found out that he had my team lead serving as my supervisor. She is not authorized to do this. To my surprise, he is my only supervisor. And I asked workforce relations to meet with us to establish healthy workplace boundaries... I literally ended a meeting with him and requested assistance. No one with a duty to act has done anything... I refused to meet with him the next day, so he docked my pay...which I just found out last week that he cannot do...via my union. He has done this on several occasions when I missed a meeting with him. Any suggestions? I am late in asking... I am interested in finding an attorney. In retaliation, he made me start meeting with him 3 times per week. All discriminatory...

[@anthonywade4542]

I have mediation tomorrow at the NYC Office of Administrative Trials and Hearings (OATH). The matter is a hostile work environment by a new supervisor (15 month ago this started) who was promoted over me and my staff after being subordinate for nine years in a relatively negative relationship. Question is do we have to litigate this in each other's presence because my timeline is 8 pages long. Also, have you heard of OATH and what I should expect from the process? Thanks in advance!

[@biancae88]

this was very helpful, thank you!

[@123NopeNotMe]

How is mediation SUPPOSE to end if it's decided that a "pause" is needed and follow up with the mediator would be needed? (but they never respond 👀) and the counselor just emails you ur NOR letter while you're still under the impression that you're still awaiting a response. 😅😅

[@ken90004]

What would be the reason to rescend mediation? Both parties agreed and then defendant changed their mind. Going back to enforcement. I'm little confused

[@JobAttorney]

Could be any number of reasons, most common one would be one party entered the mediation at an initial demand that was too high for the mediation to have a realistic chance of being effective.

[@cancercrh025]

What if the the former employee denies to have a mediation and requests a full investigation? What happens next?

[@MarcellaLewis-gf7lo]

Hello Vince! I need your help ‼️‼️Is the Client required to pay their mediation fee or does the attorney representing you front that fee? This is an employer discrimination case Non Contingency fee agreement. The courts ordered mediation we did not. I’m so grateful for any help or advice on this matter. Mediation is coming up and the mediator needs her fee paid two weeks prior to mediation. Thank you so much.

[@123NopeNotMe]

Heyy Vince 👋🏾 👋🏾 Outside of filing with the OFO and waiting months for a response from submitting Petition for enforcements.. What other recourse do you have when an employer isn't compliant with an EEOC No contact order btwn employees and you have evidence of the hostile work environment but the agency is simply saying they're compliant bc they issued the order even though it's being violated? 👀

[@candisham1978]

Can you do private negotiations and agreement between parties without the mediator?

[@jsegura525]

Hello Vince - what chance does a plaintiff have of getting reinstated if that is their main goal? If no reinstatement then the mediation is done.

[@Flexyourmemes]

Then you talk money damages. Your lawyer should be able to advise you

[@nataney2487]

is normal employer take 5 months to respond to the position statement?

[@JobAttorney]

Not unheard of

[@horaceprince3449]

What if you are asking to be reinstated during mediation?

[@jsegura525]

What if reinstatement is main goal, of course $$ is also part of the agreement.

[@AlexC-i1b]

Vince, what elements could you see fraudulent inducement in employment crossing over to criminal fraud? Is there a colorable legal argument that can be made where something like mail-fraud/wire-fraud comes into play by egregiously misrepresenting a job via those mediums causing a person a monetary loss directly related to their professional services for the role that was represented to the (e.g. ~200k/type job)? Thanks

[@ebylib]

Going into EEOC mediation without an attorney - part-time job with a public entity, failure to hire, max damages - about $25k (so I don't think an attorney would be interested). Also, could you talk about confidentiality - are discussions confidential? Settlements?

[@SunkissNia]

Your settlement was 25k?

[@queenofyoworld]

I survived work abuse. I am poor and can't afford a lawyer. I did go to the eeoc. I did make a paper trail of the evidence. Emails and pictures . Any advise?

[@ramonahudson984]

i found an attorney that would wave all fees until a settlement is reached.

[@CauseNDAffect]

How did it play out ??

[@ramonahudson984]

@@CauseNDAffect I currently have mediation with the EEOC scheduled for November. I still have the same attorney.

[@danalauren9898]

If there is an EEOC investigation instead of mediation. Do i have to be directly involved? Im nervous.

[@cmritchie04]

how Can I become a mediator specializing in Radio communications and Aviation?

[@JobAttorney]

I don't know! I'm not familiar with that field of mediation.

[@whataboutit643]

❤

[@ronhollins9703]

I'm actually going through this process right now. I filed a civil rights complaint against my former employer. They have gotten rid of all but one person listed in my complaint and this includes board members and the executive director. The primary person listed in my complaint was promoted to executive director. I know she's going to lie because her lying is what lead to me to resign and file a complaint. I'm wondering if I should've just filed an outright lawsuit.

[@TYLYNNKING]

How do you report retaliation after EEO contact?

[@JobAttorney]

If you have an open EEOC case, amend to add it. If they don't let you amend, file a fresh EEOC case for the retaliation.

[@TYLYNNKING]

Is it still possible to amend if I already sent off my request for hearing form?

[@TYLYNNKING]

@@JobAttorney Thanks for your response I already turned in my hearing request form how do amend my complaint?

[@ramonahudson984]

I was offered an early mediation by EEOC's atlanta branch on 6/3/24. We have not heard anything from my employer. What's taking them so long to respond

[@ramonahudson984]

My mediation is scheduled for November

[@alexlormeno]

Do you represent ct

[@JobAttorney]

We handle workplace discrimination and sexual harassment cases in all 50 States, but I always recommend you check out your local options first as they may be cheaper.

[@alex0304able]

Yes, most of the EEOC mediators are careless and less trained

[@Jay.aviles95]

What about filing a complaint because you feel the mediator was biased

[@BachelorCigarTalks]

"we're getting caught up from the people on vacation" No vacations allowed, only money making ! 😏🤨😎

[@Katavicta]

How different are mental disability suits from physical disabilities?

[@danalauren9898]

My eeoc claim states i can mediate but i don't think i want to. Do i have to??

[@JobAttorney]

You are not required to mediate in the EEOC.

[@viralsheddingzombie5324]

Preparation M.

[@viralsheddingzombie5324]

@@ProSePlaintiff Mediation, of course.

[@viralsheddingzombie5324]

@@ProSePlaintiff Vince's score is infinity...and that's on a bad day.

[@viralsheddingzombie5324]

@@ProSePlaintiff I don't follow that guy. I follow Vince because he's an Irish New Yorker.

[@viralsheddingzombie5324]

@@ProSePlaintiff No, because as the client/principal I would not be hiring Vince's firm in an employer-employee context. I would be free to favor the Irish and New Yorkers in that decision.

[@tallchicknvegas]

😁 "It's a whole vibe" (so cool it's unbelievable. you gotta have Black friends or bloodline 🤭)

[@jsegura525]

And soul.

[@quettarich84]

😂😂❤ I say the same all the time.

[@YinYeung-f6o]

❤🎉

[@thenosepicker]

Give em hell Vinny P

[@BachelorCigarTalks]

Vince needs a shaved head 🪒.