When you file a charge of discrimination with EEOC, they will often ask both parties (the employee-claimant and the employer) whether they want to participate in ADR (alternative dispute resolution) or mediation. If both parties agree, then the EEOC ADR mediation will be set.
It’s always a good idea to participate in this type of mediation for several reasons:
First, this is an opportunity to resolve your claim and settle your dispute without the significant time and expense of going through a lawsuit. Many cases settle through EEOC mediations, and it only takes a few hours to a day.
EEOC ADR is free of charge, while private mediation may costs about to $6,000.00 per day. If you end up filing your discrimination case in court, eventually the court will refer your case to some kind of ADR and you will likely to pay for it.
If you don’t settle your case at through EEOC ADR mediation, at the very least you will learn more about your employer’s perspective on your claims, their potential defenses and their overall side of the story. Having that information will be helpful to you and your attorney in deciding whether the case is worth pursuing, and if so – how to best go about doing that.
This process is also your opportunity to get the EEOC mediator’s opinion about your case. Even though generally, mediators are supposed to be neutral, they often hint at what they think of your case, especially if you ask them about their impression of your case.
In sum, you have nothing to lose by participating in the EEOC ADR process, but the potential advantages are quite significant regardless of whether you settle your case during EEOC mediation or not. An experienced employment attorney can help you with these proceedings. The attorney can evaluate your case, prepare you for mediation and explain to you what to expect. The lawyer can guide you through the process to make sure you make the best decision given the specific facts and the circumstances of your case, regardless of what position the employer takes during the mediation.