The Equal Employment Opportunity Commission (EEOC) is the federal agency that administers many federal discrimination laws. After you file a Charge of Discrimination with the EEOC, they will ask you if you want to mediate your dispute with the employer. What should you do?
What is Mediation?
Mediation is an informal, confidential process for resolving disputes by using an impartial third-party (the mediator) who meets with the employer and employee. The mediator has no decision-making authority, but rather tries to assist the parties to resolve their dispute. Often, mediation is a great way to preserve or build a better working or parting relationship.
Neither party to a dispute is required to participate in mediation, or to agree to a resolution. Mediation typically includes an opening session, followed by a joint meeting of the parties, allowing both parties to explain their point of view. Then the parties usually go into separate rooms and meet privately with the mediator. Through the mediator the parties attempt to reach an agreement. When an agreement is reached, usually it is memorialized in an enforceable, written document signed by both parties.
Do I need an Attorney?
Each party may have an attorney, friend, relative, or other support person present at the mediation. Having an attorney present will help you make sure that your rights are protected. An attorney can also offer options and solutions that you may not have considered on your own. The attorneys at The Higgins Firm have represented clients and numerous EEOC mediations and are adept at protecting client rights while obtaining a positive resolution for them.
What if We Do Not Resolve Our Case?
If you are not able to reach resolution through mediation, then you may still pursue any legal claims or defenses you have preserved. That means that there is very little downside to participating in a mediation. You can try to resolve your case at mediation, and if you can’t come to an agreement, you can continue with your case.
If you feel you have been a victim of discrimination please feel free to contact one of our Nashville Employment Discrimination Lawyers.