Quick Answer
What EEOC mediation is, pros/cons, how to prepare, and what happens if it fails.
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
- EEOC Mediation: https://www.eeoc.gov/mediation
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.
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