EEO Mediation Training

Mediation and other forms of alternative dispute resolution are increasingly used in workplace and Equal Employment Opportunity (EEO) disputes. This training will explore the substantive information that you are usually expected to know if you are to mediate workplace and EEO disputes. Sometimes, an EEO dispute is filed because no other grievance options are available. Other times, a dispute originally identified as a workplace dispute may involve a violation of a civil rights protected by the EEOC. These disagreements may occur in government agencies as well as in the private sector.

Many agencies and organizations have instituted mediation as part of their grievance processes. Usually the mediator must follow the standards developed by the agency for mediating employment disputes. That is, they will have developed their own standards of practice, agreements to mediate, and settlement agreement forms. Agencies will also require familiarity with the various laws that the EEOC enforces.  Mediation will be part of a total grievance process that will be utilized if the mediation is not successful. In some instances, the mediator may be asked to provide an evaluation of the “case” so the parties can determine whether it is best to settle in mediation or continue in the mediation process. EEO disagreements are often multiparty and will not only involve civil rights laws but also employment policy as well as labor issues. Remedies in mediation can be creative yet the civil rights statutes provide for remedies. One of the difficulties in an EEO disagreement is that a complaining party may become aware of a court case that awarded a grievant a significant amount of money and the complaining party becomes stuck on this demand for a specific remedy. When attorneys represent parties, the mediator has to maintain a “mediation platform” and avoid having the mediation turn into a settlement negotiation. We will explore the difference during the workshop.

Some workplace disagreements do not involve violations of civil rights. Rather, they are disagreements that arise between employees of the organization whether they are management or labor. Personality differences, abusive exercises of power, failure to follow orders are examples of workplace disputes not having a civil rights component. In some agencies or organizations, employees will file a civil rights complaint in a workplace disagreement because that is the only recourse they have if they want a chance to discuss what is happening in the workplace. At times, agency policy is involved. Usually, the employees have to find a suitable way to act toward one another during the workday. These disagreements can be between two individuals or be multiparty. In some of these disagreements attorneys can be present.

Mediators interested in employment mediation will find opportunities at any level of government, local, state, federal, as well as in private organizations. Many government agencies have established mediation programs in which they hire outside mediators. Usually, these opportunities are through membership in an agency-sponsored roster of mediators. Other agencies hire independent contractors.