Legal Question in Disability Law in California

mediation remedies

I will be attending mediation for an ADA discrimination case. What should I consider as a reasonable monetary remedy in settling?

How would I calculate the request for punitive & compensatory damages?


Asked on 9/27/07, 10:18 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: mediation remedies

There is absolutely no way anyone can evaluate a case without knowing the facts. There are many factors that go into such an evaluation, the most important include the factual and legal strength of the case and the amount of damages you have suffered.

If you have not done so already, you should consult with an experienced employment law attorney to get such an evaluation, based on a review of the evidence, legal issues, damages, etc.

Read more
Answered on 9/28/07, 1:24 pm
Terry A. Nelson Nelson & Lawless

Re: mediation remedies

Case value is based upon all the facts and circumstances of the case. NO ONE is willing or able to give you any intelligent opinion on it without being fully acquainted with the case. Since you apparently don't have counsel, and you admit you don't know how to determine value, how do you plan to present, defend, debate, argue, apply and justify the case law, facts, evidence, testimony and value to the arbitrator? That's why attorneys get paid for their services, experience and training; they know how.

It is a virtual certainty that you will recover less [if anything] by handling this pro per, than an experienced attorney could get. If that weren't true, the legal profession and plaintiff's lawyers wouldn't exist.

If you couldn't get an attorney to take the case in the beginning, I'd bet it was because they didn't think the case had merit and value, or that you were unrealistic in your expectations, or that you were unwilling to pay for their services. As attorneys, we don't turn away cases that could make the client and us money, and we frequently do them on contingency because we are willing to put our money [legal time] where our mouths are for a good case that will generate fees. If you were unwilling to pay an attorney to represent you, whether contingency or hourly, then you and only you are responsible for the outcome. Asking for free advice now is way too little, too late, and worth what you pay for it.

Read more
Answered on 9/28/07, 3:29 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California