A substantial portion of employment-related suits ultimately are resolved by settlement, typically during or soon after mediation. Despite the prevalence of mediation, several myths exist that disrupt the process and diminish the chances of resolving the case.
Myth No. 1: We don’t want to give the other side “free discovery.” This is litigation, not a murder mystery. The scope of discovery is broad, and all of the relevant facts and documents, good and bad, have a way of coming out eventually. If the parties are mediating early, they will need to share information that has not yet been exchanged through the discovery process. Mediation is an attempt to avoid costly litigation and a drawn-out discovery period, so if the information helps narrow the issues or otherwise move the process forward, withholding it makes little sense.
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