Employment law litigation continues to be one of the most active fields of the law. These cases can be difficult to resolve, yet it cannot be denied that, ultimately, more than 90 percent of these cases are settled prior to trial. The question thus becomes will you, as counsel for either the employer or the employee, take steps to facilitate an effective and mutually agreeable resolution?

The following checklist provides the practitioner with some actions and considerations that will positively impact attempts to successfully mediate an employment case. This list is certainly not all-inclusive, and each case will have its unique challenges to overcome. Hopefully, however, the following will provide “food for thought” as you navigate toward an employment mediation.