10 Reasons to Mediate

What are the 10 Reasons?

1. Mediation is free.

   EEOC's National Mediation Program is available at no cost to the parties.

2. Mediation is fair and neutral.

   Parties have an equal say in the process and they, not the mediator, decide the terms of the settlement. There is no determination of guilt or innocence in the process.

3. Mediation saves time and money.

   Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.

4. Mediation is confidential.

   All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone, including EEOC investigative or legal staff.

5. Mediation avoids litigation.

   Mediation costs less than a lawsuit and avoids the uncertainty of a judicial outcome.

6. Mediation fosters cooperation.

   Mediation fosters a problem-solving approach to complaints and workplace disruptions are reduced. With an investigation, even if the charge is dismissed by EEOC, underlying problems may remain, affecting others in the workforce.

7. Mediation improves communication.

   Mediation provides a neutral and confidential setting in which the parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.

8. Mediation helps to discover the real issues in your workplace.

   Parties share information, which can lead to a better understanding of issues affecting the workplace.

9. Mediation allows you to design your own solution.

   A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute.

10. With mediation, everyone wins.

    An independent survey showed 96% of all respondents and 91% of all charging parties who used mediation would use it again.

A few satisfied customers ...

"Once the employer gets past the myth of "If we didn't do anything wrong, we shouldn't go to mediation" and decides to participate, the real issues in the dispute become clear. Through mediation, we have had the opportunity to proactively resolve issues and avoid potential charges in the future. We have seen the number of charges filed with EEOC against us actually decline. We believe that our participating in mediation and listening to employees' concerns has contributed to that decline."
Donna M. Gwin
Director of Human Resources
Eastern Division
Safeway Inc.

"As an employer's attorney, I routinely recommend mediation to my clients. In mediation, you can build a sense of what the issues are, learn the problems, explore possible options for resolution, and make informed decisions whether or not resolving at that time or moving on is the best outcome for that matter. It makes both business and economic sense from the employer's perspective."
Charles C. Warner, Esq.
Porter Wright Morris & Arthur LLP

"Regardless of the issue or whether it has merit under Title VII, if it is draining resources, weighing on the mind of the employee, or having a negative impact on productivity, then getting the issue out on the table, mediating it and resolving it is often the smartest and most expeditious way to ensure workforce effectiveness."
Linda I. Workman
Vice President
Workforce Effectiveness
ConAgra Foods, Inc.

"Hopkins is striving to be an employer of choice. We think that participating in EEOC's mediation program moves us that much closer to meeting that goal. . . .We learned that settlement is not always about money. Sometimes there are non- economic ways to settle a case that may be important to the charging party and the respondent."
Laurice Royal, Esq.
Johns Hopkins Health System Corporation

For more information, see
EEOC Mediation Program and the Workplace Benefits of Mediation
EEOC Commission Meeting of December 2, 2003, Washington, D.C.