After an EEOC charge has been filed by an employee, the EEOC may contact both the employer and the employee and ask if they are interested in mediation. A mediation is an informal attempt to resolve the claims in the charge by having the parties meet with an independent third-party (the mediator) to discuss the claims and any potential for settlement.
From the perspective of the employee who has just filed an EEOC charge, there is usually little downside to participating in a mediation. The obvious advantage is that it provides a chance for a quick resolution rather than waiting through a lengthy EEOC process and then moving into costly and time-consuming litigation. However, even if the mediation does not result in a settlement, a mediation can be an excellent opportunity to gain access to information from the employer that might not otherwise be presented until the formal discovery process starts during a lawsuit.
It is important to maximize the benefit of an early mediation while ensuring that any information provided to the defense at this early stage is not utilized by the employer in a way that is detrimental to the employee’s claims. This requires strategy in stating a strong case while being selective with the production of documents and in revealing witnesses and other sensitive information. Our firm is experience in handling EEOC charges and has settled numerous claims at this stage. Please contact me at firstname.lastname@example.org or at (205) 382-3872 if you are interested in a free consultation regarding your EEOC claim or mediation.