If Plaintiff's counsel or the Plaintiff's representative fails to appear, the court may dismiss the. Not showing any favoritism or prejudice.A mediator must remain impartial at all times and must not show a preference for one party or another. On the other hand, employers that foster an environment of secrecy and prejudice on mental health issues can suffer disastrous results. The federal courts have developed a large body of law articulating rules of what is and is not allowed in a collective action. A: If your case was dismissed without prejudice, you generally have the opportunity to refile it. Sanctions may include the imposition of fees and costs, striking of pleadings, entry of default, and dismissal with prejudice. 5. You file the original suit with the clerk and pay your fee.