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EEOC Mediation Process: Pros And Cons

HR.com

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  • November 09, 2022

Patti Bartis, Amanda Williams, and Zack Anstett wrote an article in HR.com about the pros and cons of the EEOC’s mediation process.

“When a business receives a charge of discrimination from the Equal Employment Opportunity Commission (EEOC), it faces significant risks, both in terms of legal costs and reputational costs,” they wrote. “A key decision the business must make quickly is whether to use the EEOC’s mediation process to try to resolve the claim.”

“There are several benefits to utilizing the EEOC’s mediation process,” they continued. “These include access to a no-cost mediator, postponement of the government’s investigation, and early and final resolution of the dispute, if successful. There are also challenges with this process, including the requirement to use an EEOC-assigned mediator, negotiating with an individual, who may not have legal counsel and may not understand his or her claims or their value, and the likelihood that the company will be required to pay money to resolve the claim.”

“Businesses can more efficiently and strategically navigate the risks of an EEOC charge once they understand the pros and cons of the EEOC’s mediation process, as well as best practices for effectuating any resolution achieved at the mediation,” they wrote.

Click here to read the full article: EEOC Mediation Process: Pros And Cons

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