Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Basically you need to write a short - i.e no more than 5 pages - summary of your allegations of discrimination, how the employer violated the EEOC laws, the employer's potential liability, and what you are initially asking for to settle the matter.
Keeping this in mind, you must at least be aware of the possibilities of what you could win at an eventual trial, so you may at least suggest to the mediator and opposition what you believe the value of your case is and for what $ or other actions (e.g., promotion to proper position) you may be willing to settle.
To answer this you must first understand the entire premise of the discrimination statutes is to make the discriminatee "whole" for the discrimination he or she has suffered. This would include back-pay and benefits, out of pocket costs, as well as future wage and benefits costs if the employer is not going to return the employee to work. Further, compensatory costs may be awarded for things like mental anguish or harm because of the discrimination Likewise, in the remedy may include placing the employee where he/she should have been placed in the company (which may occur in the case of not getting a promotion or raise because of discrimination . Lastly, the federal discrimination laws allow punitive damages against the employer in limited circumstances where the discrimination is found to be blatant.
Generally,your best bet in mediation would be to go in with your highest number tallied for all these and present the same as you opening offer. The mediator will then meet with you and or the other party privately, and you should be willing to settle the matter for some figure less than your highest offer. Likewise the other side should come up from its lowest offer. There may also be actions you want the company to take - like reinstate you or grant you a promotion, these demands should also be made clear.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it's the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.