From the employee’s perspective, mediation should be a “no-brainer.” In fact, if the parties cannot amicably resolve the matter themselves, mediation usually should be requested at the outset. While employees often do not have all of the information at that time to prove their discrimination, whistleblower or common law wrongful discharge claims, plaintiff’s counsel can always request as a precondition to mediation that the defendant company produce certain key documents in advance of the mediation.