As for whether mediation is needed before the trial, it is generally decided by the court. If the court considers that mediation is not necessary, it can also hold a court session directly, or if either party has the will to mediate and the other party agrees to mediate before the court session, the court will organize mediation. As long as one party is unwilling to mediate, the general court will not organize mediation.
Because of a car accident lawsuit this year, the division of responsibilities is very clear, and the scope of compensation is also very clear. I intend to organize mediation by the court. However, in order to make more money, the defendant's lawyer said that he agreed to mediation, the party said that he agreed to mediation, and the party said that he did not agree to mediation, so the lawyer's opinion is very important. In the end, we didn't take the mediation process before the trial, but decided to settle directly after the trial.
If the judge can support your opinion in pre-trial mediation, and the employer can't prove that the termination of the labor contract is legal, and insists on giving only financial compensation without compensation, but your evidence is sufficient, the judge obviously agrees with your opinion in the mediation process. If the employer acts as an agent, this kind of mediation is more successful. Pre-trial adjustment is not a process of compromise between the two sides, but also needs evidence to speak. Of course, if you want to compromise yourself, the judge will not interfere.
According to the situation you described, if you win the labor arbitration, it doesn't mean that you can win 100% after the trial by the court of first instance, but the probability of winning is still relatively high. After the employer sues, it requires pre-trial mediation. I think mediation will not affect your own opinions and rights, but will only increase the chances of consultation and mediation.
If the mediation fails to reach an agreement, the court may also make a judgment after hearing. If you are dissatisfied with the judgment, you can also apply for an appeal. I think these are all processes. Now that you have decided to go to court, every process needs to be cherished and participated. Take part in mediation first.