Mediation

EEOC has greatly expanded itsmediation program. The program is free, quick, voluntary and confidential. If mediation is successful, there is no investigation.

If the charge filed against your company is eligible for mediation, you will be invited to take part in the mediation process. If mediation is unsuccessful, the charge is referred for investigation.

Advantages of Mediation

1. EEOC's mediation program isfree.
2. Mediation isefficient. The process is initiated before an investigation begins and most mediations are completed in one session, which usually lasts for one to five hours.
3. The average processing time for mediation is84 days.
4. The mediation program is completelyvoluntary.
5. Successful mediation results in theclosure of the charge filed with EEOC. If mediation is unsuccessful, the charge is referred for investigation.
6. Mediators areneutral third parties who have no interest in the outcome of the mediation.
7. Mediation is aconfidential process. The sessions are not tape-recorded or transcribed. Mediator notes taken during the mediation are discarded. Information learned during the mediation can not be used during an EEOC investigation if the mediation is unsuccessful.
8. Mediation is aninformal process. The goal of mediation is not fact finding. The purpose is to discuss the charge and reach an agreement that is satisfactory to all parties.
9. Settlement agreements secured during mediationare not admissions by the employer of any violation of laws enforced by the EEOC.
10. Mediationavoids lengthy and unnecessary litigation.
11. Settlement agreements secured during mediation areenforceable.
12. The overwhelming majority of employers and charging parties participating in EEOC mediation program aresatisfied with the process and would use it again.
13. Mediation can help the parties understandwhy the employment relationship broke down.
14. Mediation can help the parties identify ways torepair an ongoing relationship.

To learn more about EEOC's mediation program, and how to participate in it, visit themediation section of the website.

Settlement

Charges of discrimination may be settled at any time during the investigation. EEOC investigators are experienced in working with the parties to reach satisfactory settlements. You should contact the investigator if you are interested in resolving your charge through settlement.

Advantages of Settlement

1. Voluntary settlement efforts can be pursued at any time during the investigation, but settling a charge early may save you the time and effort associated with investigations.
2. Settlement is aninformal process. The goal of settlement is to reach an agreement that is satisfactory to all parties.
3. There is noadmission of liability.
4. If the parties, including EEOC, reach a voluntary agreement, the charge will bedismissed.
5. Settlement agreements areenforceable.
6. Settlementavoids lengthy and unnecessary litigation.

Conciliation

EEOC is statutorily required to attempt to resolve findings of discrimination through "informal methods of conference, conciliation, and persuasion." See 42 U.S.C. 2000e-5. After the parties have been informed by letter that the evidence gathered during the investigation establishes that there is "reasonable cause" to believe that discrimination has occurred, the parties will be invited to participate in conciliation discussions. During conciliation, your investigator will work with you and the Charging Party to develop an appropriate remedy for the discrimination. We encourage you to take advantage of this final opportunity to resolve the charge prior to EEOC considering the matter for litigation.

Advantages of Conciliation

1. Conciliation is avoluntary process.
2. Conciliation discussions are negotiations andcounter-offers may be presented.
3. Conciliation offers the parties a finalopportunity to resolve the charge informally - - after an investigation has been conducted, but before a litigation decision has been reached.
4. Conciliation agreementsremove the uncertainty, cost and animosity surrounding litigation.