If you are bringing a charge of employment discrimination at the Equal Employment Opportunity Commission, you're likelyto settle the dispute through mediation set up by the Commission. Here's how it works. (To learn more about discrimination claims, check out the Discrimination and Harassment topic area.
In a 2003 study of the EEOC Mediation Program by E. Patrick McDermott, Ph.D., J.D., primary researcher at the Franklin P. Purdue School of Business at Salisbury State University in Salisbury, Md.
What ismediation?
Mediationis a method of settling a dispute. Inmediation, a neutral third party (the mediator) meets together with the parties,encourages them to communicate their concerns, and works with them to create anagreement that will end the conflict.
- Certificate programs in mediation prepare undergraduate or graduate professionals to solve disputes in the workplace, negotiate contracts and labor disputes and mediate family feuds.
- The Benefits of Mediation as Part of an Employee Assistance Program Mediation is commonly used in the corporate setting to resolve employee disputes, develop operating agreements and other types of contracts, and to resolve disputes among partners, shareholders, and other key members of an organization.
What is EEOCmediation?
TheEqual Employment Opportunity Commission (EEOC) created a mediation program inthe early 1990’s that has since become one of the largest and most successful disputeresolution programs in the United States. EEOC mediation enables parties to settle a charge of discriminationwithout engaging in a lengthy investigation or going to court.
What is theprocess of setting up an EEOC mediation session?
Thousandsof charges are filed with the EEOC each year. Of these, the EEOC selects some as suitable for mediation. The EEOC Mediation Unit contacts the chargingparty and the respondent (the employer) to ask if they wish to engage inmediation. If both parties agree, theEEOC schedules a mutually convenient date for the mediation. If one of the parties declines to mediate,the charge is sent to the EEOC Investigation Unit.
Why should I mediatemy EEOC charge?
Theremay be many good reasons to engage in EEOC mediation. The program is “free, quick, voluntary andconfidential.” Participants do notsacrifice their rights by mediating: If the case does not settle, the charge istreated just like any other charge of discrimination filed with theEEOC. The mediator can help the parties create their own positive outcomes. A high percentage of EEOC mediations are successful, and participants frequentlyreport their satisfaction with the EEOC’s mediation process.
Employer Mediation Programs 2020
What happens atthe EEOC mediation session?
Atthe start of the mediation session, a trained mediator explains the mediationprocess and then asks the employee to explain why he or she filed a charge and whathe or she hopes to accomplish. The employer likewiseshares its perspective of the dispute and its goals for the mediationsession. The mediator will then try to helpthe participants overcome their differences and encourage them to work togetherto arrive at a mutually acceptable agreement that will resolve their dispute. Ifthe mediation is successful, the settlement agreement will have the same forceas a court’s judgment.
Delaware Mediation Program
How is mediationdifferent from going to court?
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Inmediation, the participants, rather than a judge or jury, decide the outcome ofthe matter. The mediator does not reviewthe evidence to determine who will prevail, and the mediator has no authority to impose a resolution on the parties. Instead of one party winning and one party losing, in mediation the agreementis typically a compromise, and may even be a “win-win” solution that gives bothparties some or all of what they want. Additionally, lawsuits are time-consuming andcan be stressful. Mediation, whichtypically lasts a day, cuts short the amount of time needed to resolve a case,and participants frequently report how productive and even healing mediationcan be. Whereas court processes focus on the past, mediation focuses oncreating a positive future. Moreover,trials are public and may even be reported in the media, whereas mediation isprivate and confidential.
What is EEOC Conciliation?
EEOCConciliation occurs after an EEOC investigator has reviewed the evidence andfound “reasonable cause” to believe the employer has engaged in illegaldiscrimination or harassment. During theconciliation process, the EEOC will explain why it concluded that the employer mayhave violated the law and will try to reach a settlement with the employer. The EEOC may also encourage the employee’sassistance in helping to settle the case. The employer is free to accept or reject the settlement offer. A successful conciliation may result in theemployer agreeing to change its practices to conform to the law and to remedyharm caused to the employee. Ifconciliation is unsuccessful, the EEOC will either bring a lawsuit on behalf ofthe employee or issue the employee a “right to sue” letter, which permits theemployee to file a civil lawsuit. To learn more about the right to sue letter, see our article, Right to Sue Letter from the EEOC.