Mediation is a form of alternative dispute resolution that provides an effective forum for settling your grievance with your employer outside of litigation. During a mediation session, a trained facilitator guides you and your employer toward an equitable agreement.
The decision to mediate is entirely voluntary. If either you or your employer chooses not to meditate, your charge will be subject to the regular Equal Employment Opportunity Commission (EEOC) process.

The EEOC provides 10 good reasons to mediate:

  • No additional expenses — The EEOC National Mediation Program is free to parties involved in a workplace dispute.
  • Expeditious and cost-effective — Often, mediation is completed in one session early in the dispute resolution process, thereby saving time and money otherwise spent on formal legal action.
  • An alternative to litigation — Avoiding litigation has many benefits and allows you greater control over the process and outcomes.
  • Equitable process — Both parties have an equal opportunity to make their case.
  • Prevention of workplace disruptions and worker dissatisfaction — With a problem-solving approach to disputes, businesses and workers can maintain a hospitable work environment, which is especially important if the employee remains at the company upon the conclusion of the EEOC proceedings.
  • Confidentiality — Each party signs a confidentiality agreement that prohibits the release of information disclosed during mediation.
  • Better communication — The mediation setting allows parties to communicate more effectively, which helps produce a mutually satisfactory agreement to the problem.
  • Forum for employers to recognize workplace problems — Ultimately, mediation helps businesses build a more productive, happier workforce by bringing problems to light and addressing them.
  • Empowering — The mediator helps the parties develop equitable solutions designed around their particular goals.
  • Reputation for satisfaction — According to an independent survey reported by the EEOC, an overwhelming majority of those who chose mediation to resolve a workplace problem — including 96 percent of respondents and 91 percent of charging parties — would use the method again.

Learn more about whether EEOC mediation is the right choice in your case. Discuss your options with an experienced NYC employment discrimination lawyer.