The U.S. Equal Employment Opportunity Commission
Facts About Mediation
Mediation is a form of Alternative Dispute Resolution (ADR) that
is offered by the U.S. Equal Employment Opportunity Commission
(EEOC) as an alternative to the traditional investigative or
litigation process. Mediation is an informal process in which a
neutral third party assists the opposing parties to reach a
voluntary, negotiated resolution of a charge of discrimination. The
decision to mediate is completely voluntary for the charging party
and the employer. Mediation gives the parties the opportunity to
discuss the issues raised in the charge, clear up
misunderstandings, determine the underlying interests or concerns,
find areas of agreement and, ultimately, to incorporate those areas
of agreements into resolutions. A mediator does not resolve the
charge or impose a decision on the parties. Instead, the mediator
helps the parties to agree on a mutually acceptable resolution. The
mediation process is strictly confidential. Information disclosed
during mediation will not be revealed to anyone, including other
EEOC employees.
How Mediation Works
An EEOC representative will contact the employee and employer
concerning their participation in the program. If both parties
agree, a mediation session conducted by a trained and experienced
mediator is scheduled. While it is not necessary to have an
attorney in order to participate in EEOC's Mediation Program,
either party may choose to do so. It is important that persons
attending the mediation session have the authority to resolve the
dispute. If mediation is unsuccessful, the charge is investigated
like any other charge.
Advantages of Mediation
- Mediation is an efficient process that saves time and money.
Successful mediation avoids a time consuming investigation and
achieves a prompt resolution of the charge. The majority of
mediations are completed in one session, which usually lasts for
one to five hours.
- Mediation is fair. Mediators are neutral third parties who have
no interest in the outcome. Their role is to help the parties
resolve the charge.
- Mediation is a confidential process. The sessions are not
tape-recorded or transcribed. Notes taken during the mediation are
discarded.
- Settlement agreements secured during mediation do not
constitute an admission by the employer of any violation of laws
enforced by the EEOC.
- Mediation avoids lengthy and unnecessary litigation.
For additional information about the mediation program at EEOC,
you may contact EEOC's web page at
http://www.eeoc.gov/ or the EEOC field office nearest you by
calling our toll free numbers 1-800-669-4000 (Voice) or
1-800-669-6820 (TTY).
This page was last modified on February 11, 1999.
The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.
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