The EEOC offers a free, voluntary mediation program for resolving allegations against US employers by employees. The program is informal and facilitated by a neutral third party. If an agreement is reached, it becomes binding. Participation does not imply guilt and legal representation is optional. If mediation fails, standard investigative and litigation procedures resume. The goal is to find a mutually beneficial resolution and preserve the employer-employee relationship.
The Equal Employment Opportunity Commission (EEOC) provides an alternative dispute resolution system for resolving allegations made against a U.S. employer by an employee. The EEOC Mediation Program is an informal meeting or series of meetings between an employer, employee and a neutral representative of the EEOC. During the mediation process, issues relating to the employee’s position are discussed with the intention of reaching a mutually agreed settlement between the parties. Because allegations against an employer can be—and often are—emotionally charged, the assistance of a neutral third party helps facilitate more productive discussions and keep efforts focused on finding a resolution.
EEOC mediation is not required by either party, but is rather a voluntary option offered as an alternative to litigation. Opting for mediation is a choice that both parties must agree on before proceeding. The services provided under the EEOC Mediation Program are free to all involved. Legal representation is not required, but is permitted if either party wishes. In an effort to encourage greater participation in the shorter and less expensive mediation option, parties can request mediation at any time before or during the investigative process that the EEOC usually undertakes after an employer is charged. While the EEOC’s mediation program is informal and voluntary, any agreement resulting from the mediation process becomes a binding agreement.
By participating in the EEOC mediation, both the employer and the employee have the opportunity to reach an amicable conclusion, if such a conclusion is possible. If the parties remain at an impasse and the allegation remains unresolved after mediation, standard EEOC investigative and litigation procedures resume. The accusation is investigated and prosecuted as if the mediation had never occurred. The information disclosed during the unsuccessful mediation remains privileged; the mediators do not share information with any member of the investigation team.
Mediators are trained EEOC employees or third-party mediators called to assist with special or particularly intricate cases. Regardless of the particular credentials of the mediators, it is not permissible to impose an agreement on the parties involved. Instead, mediators help facilitate finding a mutually beneficial agreement between the parties and building an enforceable agreement around that agreement.
Participation in EEOC mediation does not subject the employer or employee to an admission of guilt or guilt. Rather, both parties are encouraged to communicate openly and find the underlying issues that need resolution. Communication and a spirit of cooperation are at the heart of the mediation process, rather than establishing fault or blame. The ultimate goal is to resolve a particular issue, charge, or complaint for the benefit of both parties, while preserving the employer-employee relationship if possible.
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