The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won
TABLE OF CONTENTS
An EEOC mediation uses a neutral mediator to help you and your employer settle your employment discrimination or sexual harassment disputes. The mediator’s role is to provide neutral assistance in settling the dispute between you and your employer.
Before filing your EEOC charge, you should consult with an experienced employment discrimination attorney. Your attorney can advise you of your rights.
They can help you through the mediation process to ensure you do not lose your rights or the compensation you deserve. For over 25 years, the experienced EEOC representation lawyers at the Derek Smith Law Group have helped clients through the mediation process to receive justice.
An EEOC mediation is an alternative dispute resolution process. It allows you and your employer an opportunity to reach a settlement before pursuing a lengthy investigation and trial.
EEOC mediation is typically offered at the beginning of the process. It is also offered after the investigation is completed before receiving the Notice of the Right to Sue. However, it can be requested by either party at any time during the EEOC process.
There are several benefits to EEOC mediation.
The Equal Employment Opportunity Commission (EEOC) offers mediation as an option to settle your claim quickly. The decision to participate is entirely voluntary. However, both parties must reach an agreement for the mediation to succeed.
If either party refuses to participate, the mediation does take place. If either party does not agree to the settlement, the case continues towards the litigation process without a settlement.
Either party can request an EEOC mediation at any time. The EEOC will offer mediation at specific times during the process (the beginning of the process and after completing the investigation). However, the EEOC is always willing to mediate the claim and reach an early settlement.
Taxpayer dollars fund the EEOC, allowing it to offer many free services. Mediation is one of these offered services. The services are free to employees and employers. The federal government puts money aside to operate the EEOC, allowing them to provide mediation and other services.
The taxpayer cost of EEOC mediation is low. EEOC mediation is much less costly than paying a federal judge and attorneys to handle a case. Mediation, in all forms, is less expensive than a long investigation or a trial to the taxpayer, employee, and employer.
EEOC Mediation can occur at any point in the claim process. The EEOC first offers mediation within ten (10) days of filing the initial employment discrimination or sexual harassment charges. Once the EEOC completes its investigation, it will offer a second opportunity for mediation. However, you can request mediation at any point during the process.
The EEOC mediation process is informal. A mediator helps both parties negotiate a settlement. The mediator is not a lawyer or adviser to either side. Therefore, they will only assist with the negotiation. They will not offer any legal advice. You may bring an employment lawyer with you to mediation.
The Settlement
The parties may choose to settle the claim with a settlement agreement or continue the investigation. Mediation is a no-pressure option to reach a settlement quickly and easily. If you reach a settlement, the case is over. You cannot file a lawsuit in federal court regarding your claim.
An EEOC mediation is entirely confidential. Part of the settlement agreement includes a non-disclosure agreement. Both parties agree to keep the details of the mediation confidential.
Mediation Records
Mediation is never transcribed or recorded. Therefore, any discussion is completely off the record. Even notes taken during the process are destroyed. The settlement agreement is the only piece of the mediation process that gets filed (it is sealed).
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
An EEOC mediation can take 3 to 4 hours or longer to complete. However, it is often completed in one day. The EEOC mediation process does not require evidence or witnesses. Instead, mediation is a negotiation to find agreeable common ground.
You do not have to go through EEOC mediation alone. While it is voluntary, any settlement agreement is a legally binding document. Therefore, an EEOC representation lawyer can advise you through the process. Your lawyer will help ensure you get the compensation you deserve without giving up your rights.
The mediator is a neutral party. He cannot give you any legal advice about the process or the settlement. Your employer will likely have a lawyer or team of lawyers to guide him through the process. Your lawyer can be your advocate to help you through the process. They can ensure you get the best possible outcome for your claim.
EEOC mediations are never mandatory for employees. However, they are often offered to settle discrimination and harassment disputes. A qualified EEOC representation lawyer can help. If you are the victim of employment discrimination or sexual harassment, contact the Derek Smith Law Group’s experienced attorneys.
Have You Filed an EEOC Charge? Are You Considering EEOC Mediation to Settle Your Charge? Please Call Us at 800.807.2209 or email derek@dereksmithlaw.com to Learn About Your Rights Regarding EEOC Mediation.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.