Encouraging the charging party to think that you are on the defensive and want to settle. Coming across as a bad witness and therefore inflating the charging party s confidence. Revealing key elements of your case and helping the charging party prepare for litigation if no settlement is reached. Wasting everyone s time if both parties are not committed to an honest dialogue. The possibility of paying a higher settlement in response to pressures from the mediator especially if you don t understand the limits of the mediator s power.
Most mediators understand and embrace their roles as credible neutrals.
On occasion, however, some mediators assume the mantle as advocate for the aggrieved employee. In these instances, the mediation transforms quickly into the Spanish Inquisition. The danger of such a wayward mediator is that the employee who brought the charge may be emboldened to leave with grossly inflated expectations. Unlike the Spanish Inquisition, however, you can walk out and make it clear to the employee who brought the charge that mediation with another facilitator is still acceptable. Reporting the rare, poor mediator helps keep the process effective for everyone involved.