You are the advocate for a client scheduled to go to an employment arbitration hearing next month (45 days from now) over a termination. You and the employer's advocate mutually selected an impartial arbitrator from the American Arbitration Association (AAA) list and all parties have agreed on two (2) hearing days for next month.

During the course of trying to agree on joint exhibits, the employer's advocate suggests that you try to resolve this issue in mediation first.

Should you accept that offer? Why or why not?

If you do agree to go to mediation, what procedural concerns do you want addressed before starting the mediation?