No. You should not shy away from exploring settlement through mediation or otherwise because you fear you will look weak to the other side. Rather, settlement discussions demonstrate that you want to make a smart business and/or life decision by evaluating an early settlement offer. Settlement discussions don't mean you concede your claims. Your former employer may also want to resolve the case now, rather than later. It takes valuable time and often money for an employer to litigate a case in court - even if the company ultimately prevails. For some employers avoiding publicity may also be an incentive to settle early on.