Derek Smith Law Group / Employment Law / EEOC Representation / What is an EEOC Mediation?

What is an EEOC Mediation?

Based on 500+ Select Nationwide Reviews

Free Case Review

The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won

TABLE OF CONTENTS

Mediation is an Alternative Dispute Resolution Offered by the EEOC to Settle Your Claim.
Mediation is an Alternative Dispute Resolution Offered by the EEOC to Settle Your Claim.
What Is an EEOC Mediation?
What Are the Benefits of EEOC Mediation?
Does the EEOC Require the Parties to Participate in the Mediation Process?
Can a Party Request Mediation If the EEOC Does Not Offer It?
When Does EEOC Mediation Occur?
How Does EEOC Mediation Work?
Is the EEOC Mediation Process Confidential?
How Long Does EEOC Mediation Take?
How Can an EEOC Representation Attorney Help You Through Mediation?
Contact Our Experienced EEOC Representation Attorneys for Your Free Consultation

Mediation is an Alternative Dispute Resolution Offered by the EEOC to Settle Your Claim.

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.

What Is an EEOC Mediation?

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.

What Are the Benefits of EEOC Mediation?

There are several benefits to EEOC mediation.

EEOC Mediation is much faster than a trial. It takes a few hours, as opposed to weeks, months, or even years.
It is entirely confidential and out of the public record.
It is friendly, allowing employers and employees to salvage relationships potentially.
It is voluntary. If it does not work, you may continue the EEOC investigation and litigation process.
It is free to participate. Litigation can cost thousands of dollars as well as hundreds in court costs.

Does the EEOC Require the Parties to Participate in the Mediation Process?

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.

Can a Party Request Mediation If the EEOC Does Not Offer It?

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.

What Is the Cost of Mediation?

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.

Taxpayer Cost

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.

When Does EEOC Mediation Occur?

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.

How Does EEOC Mediation Work?

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.

Is the EEOC Mediation Process Confidential?

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).

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

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

Corey Kientz

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

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

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

jessica gonzalez

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 Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

Free Consultation 800 807 2209

How Long Does EEOC Mediation Take?

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.

How Can an EEOC Representation Attorney Help You Through Mediation?

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.

Verdicts & Settlements

Our results speak for themselves

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County of New York The Derek Smith Law Group secured a $1.5 million settlement on behalf of John Doe, a former…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

$1.8 Million Verdict

Case Handled by The Derek Smith Law Group Attorney Ian Bryson United States District Court, Eastern District of Pennsylvania The…

$15 Million Verdict

Jane Doe v. Bart Francis Piscitello Supreme Court of the State of New York, County of Nassau Case handled by…

$16 Million Settlement

Case Handled by The Derek Smith Law Group Attorneys Derek Smith and Alexander Cabeceiras The Derek Smith Law Group is…

Contact Our Experienced EEOC Representation Attorneys for Your Free Consultation

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 Attorneys

Serving Major Cities Across the United States

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.