- 1 When did the EEOC start the mediation program?
- 2 How to negotiate an EEO discrimination settlement?
- 3 Do you need an attorney for EEO mediation?
- 4 Which is the best option for employment mediation?
- 5 How to become a mediator in the EEOC?
- 6 What to expect during EEOC mediation?
- 7 What happens at an EEOC mediation?
- 8 Do I need a lawyer for EEOC mediation?
When did the EEOC start the mediation program?
The EEOC mediation program, implemented by the Equal Employment Opportunity Commission (EEOC) in the early 1990s, successfully resolves many disputes throughout the United States. When employees file a discrimination complaint against their company, the EEOC encourages the use of mediation in seeking resolution of employment issues.
How to negotiate an EEO discrimination settlement?
After a charge is filed, the EEOC will contact the parties to determine whether they agree to mediate. Alternatively, either party may request mediation from the EEOC. If the parties agree to this, a trained EEOC mediator — either an EEOC employee or a mediator with whom the EEOC contracts — will schedule a mediation.
Do you need an attorney for EEO mediation?
One or both parties may, but are not required to, have an attorney present at the mediation. If the parties cannot reach a mutually agreed upon resolution, or if either party does not agree to participate in mediation, the EEOC will investigate the charge as it would any other charge.
Which is the best option for employment mediation?
The second choice may be arbitration subject to a trial de novo and the third likely alternative is early neutral evaluation. The Equal Employment Opportunity Commission (EEOC) and some state and local anti- discrimination agencies have instituted mediation programs as part of their early resolution efforts.
How to become a mediator in the EEOC?
To become an EEOC mediator, you must be a trained mediator and you must know the laws enforced by EEOC. For instance, if you want to mediate a disability discrimination case, you must be familiar with disability laws. EEOC field offices administer the mediation program and is a good starting point to find open positions.
What to expect during EEOC mediation?
You can expect an EEOC mediation session to last about 3-4 hours each meeting. Sometimes only one meeting is needed for the parties to resolve their differences, but more complex situations may require more meetings. The EEOC usually doesn’t charge either party for participating in the mediation process.
What happens at an EEOC mediation?
The EEOC mediation program is an informal meeting or series of meetings between employer, employee, and a neutral representative of the EEOC. During the mediation process, issues relative to the employee’s charge are discussed with the intention of reaching a settlement that is mutually agreeable to both parties.
Do I need a lawyer for EEOC mediation?
In nearly all cases it’s best to hire a lawyer to be with you during the EEOC mediation meeting(s). Your employment attorney can help guide you through the process, and can spot any legal issues that might become evident during the meetings. Also, if the EEOC remedies are not sufficient, your lawyer can represent you in a private civil lawsuit.