Mediating with Your Employer: Dos and Don’ts
Workplace disputes can take a toll on your career, health, and peace of mind. Whether you’re dealing with issues like discrimination, harassment, or wrongful termination, mediation with your employer can be a constructive way to resolve the conflict without the stress and cost of litigation.
Mediation gives both sides the opportunity to discuss the problem with the help of a neutral mediator and work toward a fair resolution. To get the best outcome, it’s important to approach the process strategically.
Here are some key dos and don’ts to keep in mind during employment mediation.
✅ Dos
1. Do Prepare Thoroughly
Gather relevant documents, emails, policies, and notes that support your position. Being organized shows that you are serious and credible.
2. Do Focus on Solutions
Mediation isn’t about “winning” — it’s about finding a resolution both sides can live with. Think about what outcomes are most important to you (financial settlement, neutral reference letter, reinstatement, etc.).
3. Do Stay Professional
Even if emotions run high, maintain a calm and respectful demeanor. Professionalism strengthens your position and helps the mediator and employer take you seriously.
4. Do Listen Actively
Show that you understand the other side’s concerns, even if you disagree. Active listening can build trust and open the door to compromise.
5. Do Use Your Attorney Strategically
Having an employment lawyer by your side ensures you understand your rights and don’t agree to terms that aren’t in your best interest. Your attorney can also handle negotiations so you don’t feel pressured.
❌ Don’ts
1. Don’t Make It Personal
Avoid personal attacks or rehashing every negative experience. Focus on the issue at hand and how to move forward.
2. Don’t Refuse to Compromise
Walking in with an “all or nothing” mindset often leads to deadlock. Be clear about your priorities, but remain flexible where possible.
3. Don’t Reveal Too Much Too Soon
While honesty is important, you don’t have to show all your cards at once. Share information strategically, especially if litigation is still a possibility.
4. Don’t Dismiss Creative Solutions
Sometimes the best resolutions aren’t just about money. Consider options like a positive reference, policy changes, or flexible scheduling.
5. Don’t Forget the Big Picture
Mediation is about closure and moving forward. Keep your long-term career and peace of mind in mind, not just the immediate dispute.
Final Thoughts
Mediating with your employer can be an effective way to resolve workplace disputes while saving time, money, and stress. By preparing carefully, staying professional, and keeping an open mind, you increase your chances of reaching a resolution that protects your rights and allows you to move forward.
If you’re considering employment mediation, consulting with an experienced employment lawyer can give you the guidance and support you need to navigate the process successfully.









