Mediation Survey Results!!! (I picked the right side hustle.)


Image Credit: (

Yesterday, you provided some great feedback on mediation. And, today, I want to share those results.

(As an encore, tomorrow, I’ll get into SHRM’s Workflex bill, which recently took center stage before the House Subcommittee on Health, Employment, Labor, and Pensions.)

Survey says…

Employment law is my jam. (If the kids still said, “My jam.”)

And because I’m told that a diverse portfolio is a solid investment strategy, I’ve got:

  1. the lawyer gig,
  2. the blogger gig (I’ll let you know as soon as that starts making money — don’t hold your breath), and
  3. the mediation gig.

As a mediator, some of my time is spent as a volunteer to support the Mediation Program that the U.S. Equal Employment Opportunity Commission offers to parties to resolve pending Charges of Discrimination. I forget the exact statistics, but the success rate of cases that get mediated in the program is something like 70%, and even higher in Philadelphia District Office. My stats are at least that high.

It’s no wonder that many parties opt to participate in the Program. And I was pleased to see that 85% of those who took my survey were familiar with the EEOC’s Mediation Program.  The Program is free, but you get value out of it. About three-quarters of you either like the Program or would try it out for the first time if/when the opportunity arose.

As for private mediation, most of you have been there and done that too. About 80% of respondents have also partaken in private mediation. 

(Oh, hey! What a coincidence! I’m a private mediator too.)

But, other than employment-law-blog scholarship, what separates the great private mediators from the rest?

SurveyMonkey-Analyze-Mediation-Survey-Q3-1024x646Word of mouth dominates! (Among the “other” responses were “experience” and selecting someone whom the other mediating party trusts.)

But, when does mediation leave a sour taste in your mouth? What did respondents identify as their mediation pet peeves?

SurveyMonkey-Analyze-Mediation-Survey-Q5-1-1024x612Translation: a mediator in an employment-law dispute must know employment law and the factual issues in dispute, and be prepared to challenge the parties on their respective positions.

Although in certain circumstances, mediation can be a waste of time, most of you will continue to, wait for it, trust the process.

(Sorry, I couldn’t resist.)

Only 2% of respondents said that they were unlikely to mediate again.

Thank you to those who participated in the survey. As a Kool-Aid sipping, mediation wonk, I’m happy to continue the conversation with anyone who has questions, comments, or additional feedback about the process. Please feel free to email me.

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