Mediating Employment Disputes

Perspectives from the EEOC, MCAD, U.S. District Court and Private Mediators

A significant percentage of employment disputes are resolved through mediation. Most advocates are familiar with mediation offered by private mediators. However, many advocates do not always know what to expect when they are offered mediation through administrative agencies or the courts.
 
In recent years, the U.S. District Court for the District of Massachusetts, the Equal Employment Opportunity Commission (EEOC) and the Massachusetts Commission Against Discrimination (MCAD) have become more proactive in promoting mediation, including efforts to make their mediation processes more effective in resolving disputes.

In this program, our distinguished panel will discuss the mediation services offered by the U.S. District Court, the EEOC and the MCAD, and highlight how the mediation process differs between each forum and compares to private mediation. Among the topics to be addressed are:

• Pre-mediation submissions
• Required attendees (e.g., ultimate decision-makers, insurers)
• Expected duration of mediation in each forum
• Initial joint sessions -- with or without opening statements
• Facilitative vs. evaluative mediation approaches
• Ethical issues when presenting settlement positions
• Acceptable settlement terms (e.g., confidentiality and no reapply/rehire provisions)
• Handling pro se litigants