Litigation
When mediation beats early litigation in employment claims
Jonah Roy
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5
min read
Not every threatened claim should rush to court. Mediation can preserve working relationships when a team still shares customers or investors.
Mediate when discovery would harm the business
If the dispute turns on sensitive financials or patient data, limiting discovery through a mediated confidentiality regime may outweigh courtroom leverage.
Skip mediation when you need injunctive relief
When immediate conduct must stop—harassment, sabotage, or data exfiltration—file first and negotiate under court deadlines.
Prepare decision-makers before the session
Bring someone who can authorize settlement without a week of board calls. Delay kills momentum and increases fees on both sides.
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