Legal Question in Disability Law in California

Re: Mediation

You have asked a sophisticated and complex question that cannot easily be answered in this format. The DFEH's mediation office will typically answer all your questions regarding procedure for the mediation and will probably be very helpful, but you should contact a local attorney who has experience with DFEH mediation (there are not too many as the process is a new one) and you should consider hiring one for the limited purpose of attending the mediation with you. Most attorneys would do this on an hourly basis.

The DFEH has a non-traditional form of mediation. You will be in a room with the mediator, a representative of the employer (typically someone from HR) and the employer's lawyer. You will be asked to present your arguments and the employer will respond. When I say 'non-traditional' I mean that the mediator will not play an active role, will not argue with the parties, will not push for or propose settlement, but rather will only guide the discussion. You don't have to prepare anything in advance or serve the employer with anything in writing - a brief - but you should be prepared to state the factual basis for: (1) why you are disabled; (2) the accommodation you requested; (3) why your request is reasonable and that the employer could have accommodated your request without any 'undue hardship'; and (4) what your damages (lost wages) are.

The fact that DFEH is offering mediation means that they think there is some merit to your case and they are willing to investigate it further. So you should not feel that you have to settle at the mediation; if you do not DFEH will investigate.

Re: Mediation

The only reliable advice you are going to get is from an attorney you hire. Contact me by email if interested in discussing the case and issues.

Re: Mediation

-Typically an attorney represents the employer at a mediation. Although the DFEH may give certain advice, you will need to present your case effectively to get the best settlement. If interested please e-mail me or call me at 805/641-6600.