What the EEOC Wants You to Know about its Mediation Program

Back in February, the U.S. Equal Employment Opportunity Commission (EEOC) launched a nationwide mediation program. Under this program, the EEOC evaluates each new charge to determine whether it is appropriate for mediation. If the EEOC determines a charge is appropriate for mediation, the parties to that charge may choose either mediation or investigation as the first step in the EEOC adjudication process. The EEOC is working to get the word out across the country this new mediation program, according to EEOC General Counsel Clifford Gregory Stewart.

Stewart notes that the EEOC wants employers to understand the following five points when considering mediation:

1. It’s voluntary;
2. It’s fair and neutral;
3. It’s confidential—all parties to the mediation must sign an agreement which states that the mediation proceedings will be confidential;
4. Any resulting agreement is completely binding; and
5. No party will be forced to accept a resolution against his or her will.

Nationally, the EEOC has resolved about 50 percent of its new charges via mediation. The agency expects that about 55,000 charges nationwide will be resolved via mediation next year, Stewart reported.

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