By Stuart Rudner ( May 17, 2024, 1:47 PM EDT) -- As I have written about before, mediation time is scarce and it is frustrating to see so much of it wasted on irrelevant issues. For example, I’m not sure if I have seen more than a handful of mediation briefs that do not list mitigation as an issue. The reality, as most employment lawyers already know, is that mitigation is very rarely a legitimate issue that will impact the outcome of the case. When I receive the briefs from counsel, I usually push that issue off to the side and assume, correctly in almost every case, that it will never be seriously pursued....