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EEOC Mediation: How It Works and How to Prepare

Mediation can resolve a case faster than a full investigation. Here’s what to expect and how to prepare.

What Mediation Is

  • Voluntary, confidential discussion to explore settlement
  • A neutral mediator helps both sides reach agreement

Pros and Cons

  • Pros: speed, control, confidentiality
  • Cons: may result in lower outcomes than litigation; no ruling

How to Prepare

  • Define goals and acceptable ranges
  • Prioritize remedies (pay, policy changes, reference language)
  • Bring key evidence organized

If Mediation Fails

  • Case returns to investigation
  • You may later receive a Right-to-Sue

Related: Investigation Timeline • Right to Sue Letter

Confidentiality & Outcomes

  • Mediation is confidential; statements are generally not admissible later.
  • Settlements may include back pay, policy changes, training, and reference language.

FAQs

  • Who attends mediation? You, your employer’s representative(s), and a neutral mediator. Lawyers may attend.
  • What if we don’t settle? The case returns to investigation.

Sources

Disclaimer: This page provides general information, not legal advice. Laws change and vary by state. Consult a licensed employment attorney for advice about your situation.