Mediation is a low cost alternative to the court system. It provides the employer and employee with a chance to resolve differences more amicably and preserve a better work environment. A neutral mediator will hear arguments from both sides and make a fair decision regarding a dispute.
Why Should I Choose Mediation?
The Equal Employment Opportunity Commission (EEOC) provides free mediation services. Therefore, parties have an incentive to enroll in a mediation session. In addition, the EEOC provides the following reasons for mediation. These include:
- EEOC mediation is confidential - Parties often have an interest in resolving their disputes privately. There are no transcripts or tape recordings.
- EEOC mediation doesn't constitute an admission - The mediation resolves disputes but resolution doesn't result in a guilty or not guilty verdict.
- EEOC mediation fosters a more amicable solution to problems - In court cases, resolving disputes can lead to a more hostile environment.
What Happens If a Party doesn't Comply with Mediation Agreements?
An agreement that is reached during mediation carries the weight of law. Therefore, if a party is not complying with the decision it is important to contact the EEOC. The EEOC will then file a report and will take appropriate action to ensure compliance with the decision of the mediator.
Should I Consult an Attorney?
An experienced attorney in employment discrimination can be extremely valuable in assisting any employee in mediation. The gathering of relevant evidence requires an attorney with experience. In addition, an experienced employment attorney can help to guide employees in determining what the best opportunities are in mediation disputes.