In wage and hour and PAGA mediations, employer data acts like a plane’s black box – both sides analyze it to reconstruct work realities, test assumptions and align narratives, turning potential courtroom crashes into controlled settlements.
Argueta v. Worldwide Flight Services demonstrates how portraying a plaintiff as “bad” through character evidence can undermine a trial and lead courts to overturn verdicts.
ABA Formal Opinion 518 reshapes but does not eliminate the ability of skilled mediators to ethically guide parties from litigation trauma to resolution.
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