The parties will work with their attorneys to execute a more detailed agreement. It is important that neither party tries to back out of the binding mediation agreement. If so, the other party could sue for breach of contract and recover their attorney fees if successful. Terminations are upsetting for both parties.
Obtaining closure and finality is an important consideration. The employee may not get all the financial compensation they could potentially recover in a lawsuit. They will also spare themselves the emotional trauma and significant time required to pursue a lawsuit.
Employers can also obtain finality and focus on running their business. Both parties should have an experienced employment law attorney represent them at any EEOC mediation. The attorneys will keep the parties focused on the facts and issues that matter, without delving into emotional side issues that have no relevance. See more. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks.
By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies. Jeffrey Silence. To embed, copy and paste the code into your website or blog:. Wages and Overtime Pay. Employment Discrimination. Workplace Disputes. Pensions and Benefits. Wrongful Termination. Please provide a valid Zip Code or City and choose a category. Please choose a category from the list. Please select a city from the list and choose a category.
Please enter a valid zip code or city. Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. Jose Rivera Managing Editor Editor. Last Updated: May 19, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Personal Injury. Intellectual Property. Although you don't have to bring an attorney with you to the mediation, either party may choose to do so.
The mediator will decide what role the attorney will play during the mediation. Breadcrumb Home Mediation. Benefits of Mediation One of the greatest benefits of mediation is that it allows people to resolve the charge in a friendly way and in ways that meet their own unique needs.
EEOC's Mediation Process Shortly after a charge is filed, we may contact both the employee and employer to ask if they are interested in participating in mediation.
Duration and Cost of Mediation A mediation session usually lasts from 3 to 4 hours, although the time can vary depending on how complicated the case is. Who Should Attend the Mediation All parties to the charge should attend the mediation session. A simmering-pot is a person whose resentment is at a low boil. Simmering-pot employees have turned off, left the organization prematurely, sabotaged their companies or gone out on extended stress leaves. Some of these pots, if left unattended, will become the people who file charges with the Equal Employment Opportunity Commission, alleging discrimination.
The best goal for your organization is to stay out of the EEOC process, and mediation can help you do that. A recent workplace dispute demonstrates this point. The result was that the employee filed an EEOC charge anyway. In this situation, Max, a man in his late 40s, had been working for a private company for five years. The employer treated Max well, and even provided a flexible work schedule to allow him to take care of his sick grandmother. The event that led Max to file the EEOC charge occurred in a meeting he had with his female supervisor.
Max alleged his supervisor intimidated him, and he felt scared. The employer responded with all the appropriate notifications to Max, and documented all of the incidents, but never offered to meet with Max and his supervisor together to encourage them to discuss the incident.
Although the employer had made all the proper legal decisions, Max had not been given the opportunity to vent except in the form of a written complaint. I believe he needed to feel heard by people who mattered at his organization, and mediation is one of the best forums for doing this. Of course, there are no guarantees that mediation would have resolved the issues Max had with his supervisor.
Had the employer initially addressed this problem more broadly, it might have gone away, or at least the employer could have explored negotiating a separation package with Max, which might have benefited everyone involved.
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