To address inquiries regarding the appropriateness of mediation for various situations, the Center has compiled the following answers to frequently asked questions involving EEO cases. Please feel free to direct any unanswered questions to Center staff.

What is mediation?

Mediation is a voluntary, confidential meeting that is held with a neutral mediator, the disputing parties and their representatives. A mediation can take place at any time during a dispute to assist the parties with finding a mutually acceptable resolution.

How does mediation work?

During the mediation, each party has the opportunity to present his or her side of the story in a congenial yet structured format. The mediator uses his or her skills to assist the parties with reaching an agreement and resolving the conflict once and for all. During this process, the mediator may caucus privately with each of the parties. If the parties reach an agreement, the mediator and/or party representatives will create a resolution agreement for all parties to sign. Signed resolution agreements are binding between the parties. If the parties do not resolve their dispute in mediation, the mediator returns the matter to the referring agency's EEO office.

When should mediation be offered?

Mediation can take place at any stage in the complaint process. However, CMS strongly encourages that mediation take place early in the dispute, before positions have hardened. Generally, the mediator does not evaluate or judge the parties' positions, but rather encourages the parties to reveal and clarify their interests, with the ultimate goal of having the parties themselves develop a resolution. If a mediation is unsuccessful, the dispute is referred back to the EEO office for processing.

How is a mediation structured?

A mediation session is generally conducted in five steps, although these steps may vary based on the needs of the parties or the nature of the issues. The five steps are:

Step 1: Introduction
The mediator explains the Mediation Guidelines that set the ground rules for the mediation. The parties are then asked to sign the Agreement to Mediate.

Step 2: Presentation of Facts
The mediator will ask each party to describe the dispute as well as his or her concerns and interests that have a bearing on the dispute. More importantly, the mediator asks the parties for their proposals on how to resolve the dispute.

Step 3: Collaboration
The mediator will promote discussions between the parties relating to their concerns and interests and facilitate a dialogue between the parties. Through this facilitated dialogue, the parties will better understand each other's concerns and interests.

Step 4: Caucusing
If necessary, the mediator may meet individually with each party to further clarify his or her concerns and interests.

Step 5: Resolution
Once the parties have reached an agreement, the mediator will put the terms in writing for the parties to sign. If the parties do not come to a resolution, the complainant may continue the processing of his or her complaint.

Why would parties want to mediate?

Mediating cases through the Mediation Center provides the parties with an efficient mechanism for resolving disputes quickly. It saves time, minimizes tension between parties and provides the potential for finding a solution. The parties control the outcome, so they are not left to the judgment of a third party to determine what they must do. Complainants get a quick opportunity to be heard in a less formal environment than might otherwise be available. Since the parties reach an agreement themselves, they are more likely to be satisfied with the outcome and to comply with the terms. Mediation is confidential and less accessible to the public than hearings and other forums. Mediation offers an opportunity for parties to resolve their dispute and move on with their lives after one meeting.

When is mediation effective?

Mediation is particularly helpful when the parties have an ongoing relationship, such as in the workplace. Workplace conflicts are ideal for mediation because the parties often have regular contact with one another. An early resolution can reduce tensions before relationships become irreparably damaged. Sometimes, simply providing a neutral forum in which parties can state their concerns may be sufficient to resolve the dispute. The insights gained from the mediation process can lead to a workable solution that addresses some or perhaps all of the parties' interests.

How are cases selected for mediation?

EEO staff will review and identify complaints that they believe would be appropriate to refer for mediation. This will occur at an early stage of the complaint review process.

Where will mediation take place?

The mediation will take place at the Center's offices in lower Manhattan and be conducted in a conference room setting, not a courtroom.

How long does the mediation process take?

The Mediation Center is committed to performing mediation efficiently. The length of the mediation depends on the parties and how quickly they are able to work together to reach a resolution. It is expected that the parties will reach a resolution in one session.

What is an example of a problem that can be mediated?

An example of an EEO case that can be mediated is a complaint triggered by a worker's criticism about "that kind of music" being played by the complainant. The complainant perceived the co-worker's remark about "that kind of music" as directed at her race because she plays rap music. During the mediation session, it may be revealed that the real issue has nothing to do with the type of music but rather the volume or when it is played. It could also be revealed that some prior perceived slight is behind the complaint about the music. These issues would not likely have surfaced during an investigation into the perceived racial slur.

Is mediation confidential?

Mediation is confidential. The parties must agree up front and in writing that they will not reveal the issues discussed during the mediation session to others. In addition, the mediator will maintain the confidentiality of the mediation. The reason mediation is to be kept confidential is to provide a framework within which the parties are free to reveal their true concerns and to guard against misuse of the process by making it clear that resolution of the dispute is the only thing to be gained from the mediation.

Who is the mediator?

The mediator is a neutral, which means that he or she has no connection with the parties or their agency. All mediators at the Center have substantial experience in dispute resolution and have received comprehensive training in mediation techniques.

Who is present at the mediation?

The only participants are the parties, their representatives, if any, and the mediator. No witnesses or other individuals are allowed to participate in the mediation, unless everyone consents.

What is contained in a Resolution Agreement?

Resolutions will be reduced to writing and be binding on both sides. The Resolution Agreement contains a confidentiality provision. Cases that are not settled will be returned to the EEO office or the agency for further processing.