The U.S. Equal Employment Opportunity Commission (EEOC) announced that two new independent studies report overwhelming satisfaction with the EEOC’s mediation program as well as a successful transition from in-person to online mediation because of the COVID-19 pandemic. As such, the EEOC will continue to offer the virtual option even after in-person services resume.
Participants view the EEOC’s voluntary mediation program to be highly effective, fair and neutral, and expressed strong satisfaction with the process. The studies also found “near unanimity” in participants’ willingness to participate in the mediation program in the future.
According to the first study, more than nine out of 10 participants (98% of employers and 92% of charging parties) indicated that they would be willing to participate in the EEOC's mediation program again if they were a party to an EEOC charge. Most participants (nearly 70%) reported that they would prefer online mediation to in-person mediation in the future. Participants cited flexibility, convenience, cost savings, and a “safe space” as reasons for preferring online mediation.
The second study reported that EEOC mediators found that online mediation is easier to use and more flexible than in-person mediation; achieved similar or better quality and value of settlements for both parties; and increased access to justice for charging parties.
About 1 in 5 charging parties do not want to be in the same physical location as their employer and the virtual format provides “a safe space” for those participants. It also provides employers with more flexibility, which makes them more likely to participate in mediation. Nearly two thirds (62%) of employers reported that the availability of online mediation made it more attractive for them to participate in the EEOC’s mediation program.
About the EEOC's Mediation Program
The EEOC launched its voluntary mediation program in February 1999, and it became fully operational at every agency district office nationwide in April of that year. Since its implementation through fiscal year 2021, the agency has held nearly 249,000 mediations, resolved almost 180,000 private sector charges, and obtained monetary benefits of more than $3.15 billion for charging parties through this process. In fiscal year 2021 alone, the agency conducted 6,644 successful mediations resulting in $176.6 million in benefits to charging parties—an increase in both the number of successful mediations and the monetary benefits recovered from the prior fiscal year.
Mediation is a form of alternative dispute resolution offered by the EEOC early in the process to facilitate resolution without lengthy investigations or litigation. Mediation is voluntary and confidential. Unlike an arbitrator or judge, the mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator serves as a neutral third-party facilitator, helping the parties to arrive at a mutually acceptable resolution.
Takeaway
An employer who is the subject of an EEOC charge should consider participating in the EEOC mediation program, including conducting it virtually. A successful mediation may resolve a charge before an employer needs to expend substantial resources in defending itself in the charge progress. Employers are encouraged to consult with an attorney if they receive an EEOC charge. More information about the EEOC may be found at https://www.eeoc.gov/.