How does EEOC mediation work? Is it worth it? How about during COVID-19? Ask away!


Image by Gerd Altmann from Pixabay

Most of you know that I’m not just a handsome hecka-handsome and snarky employment law blogger, but I’m also a management-side employment attorney too.

But, did you also know that I’m also an employment law mediator?


For over a decade, I have volunteered as a mediator in the U.S. Equal Employment Opportunity Commission’s Mediation Program. Several federal courts ask me to mediate cases, and I also help parties resolve employment disputes privately. Here is my mediator’s CV.

To be quite honest, as much as I love blogging and employment litigation and counseling, my real passion is mediation. So, I was pleased to read here yesterday that the EEOC has announced a pilot program to increase voluntary mediations. 

Starting this past Monday, the EEOC expanded the categories of charges eligible for mediation and, generally, allows for mediation throughout an investigation. Previously, certain types of cases would not be mediation-eligible. Plus, once the Charge advanced to an investigation, it was difficult damn near impossible to mediate the dispute at the EEOC because only specific categories of charges are referred to the mediation program at the beginning of the charge investigation process.

The EEOC pilot will also expand the use of technology to hold remote mediations. I’ve mediated several already both privately and with the EEOC. Recently, I wrote about ten keys to success for a remote mediation here for Law360. (You’ll need a subscription to read the article.)

How can I help you?

I don’t mean this as a sales pitch. Instead, I’m offering you the opportunity to ask me questions about the EEOC’s mediation program and employment law mediation generally. Just email me.

Tomorrow, I’ll post a video in which I answer some of the questions. (And I promise not to reveal your secret identity).

“Doing What’s Right – Not Just What’s Legal”
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