Mediation is an increasingly popular way to resolve disputes, and the Equal Employment Opportunity Commission (EEOC) has expanded the charges for which mediation can be used. Either party can request mediation without an offer from the EEOC, and as long as both parties agree to participate, the EEOC will consider the cost of mediation. The mediator and the parties must sign agreements to keep everything that is revealed during mediation confidential. Mediation sessions are not recorded or transcribed, and the notes taken by the mediator are destroyed.
To ensure confidentiality, the mediation program is isolated from the EEOC's investigation and litigation functions. It is not necessary to have an attorney or other representative to participate in the EEOC mediation program, but either party may choose to do so. The mediator will decide what role the lawyer or representative will play during mediation. The mediator may ask you to provide advice and advice, but not to speak on behalf of one of the parties. If one of the parties plans to bring an attorney or other representative to the mediation session, they can discuss it with the mediator before the mediation session. Participants in the EEOC mediation program indicate a high degree of satisfaction with the program.
It's a fair and efficient process that can avoid a lengthy investigation and the possibility of unnecessary litigation. In almost half of the cases that are mediated, the agreement involves a non-monetary benefit. Each party can have an attorney, friend, relative, or other support person present at the mediation. The mediator is a neutral facilitator, not the defender of either party. They will try to help both parties identify their interests and ways to achieve their desired results.
Mediation often clarifies issues, even when the parties cannot agree. The mediator will inform the Court that no agreement has been reached and that the case requires a court resolution. The parties may also choose to return to mediation for a second session. If you need an accommodation for the mediation process, you will need to explain what you need and why you need it in order to notify the mediator of your request for accommodation and so that they can provide it to you. Many mediators will offer accommodations regardless of whether or not the person is a qualified person with a disability, in order to facilitate full and meaningful participation of all parties in the mediation and their representatives. The mediator must enjoy the trust of both parties and, therefore, it is crucial that both parties fully agree to the appointment of the proposed person as mediator.
The mediator must also avoid conflicts of interest by recommending services from other professionals. Make sure you have an updated financial affidavit before the Clerk and be prepared to pay the mediation fee to the Clerk before mediation begins. If the mediator perceives that one of the parties cannot give informed consent to participation in the process or to terms of agreement due, for example, due to impact of physical or mental disability, then process should not continue until mediator is satisfied that such informed consent has been obtained from party or its duly authorized representative. The WIPO Arbitration and Mediation Center (the Center) will help them identify appropriate mediator for model they want to adopt. The WIPO Mediation Regulations contain detailed provisions also intended to preserve confidentiality in relation to existence and outcome of mediation. In addition, mediator notes, parties' communications, and other documents containing confidential or confidential information should be stored in reasonably secure place and may be destroyed 90 days after mediation has been completed or sooner if all parties request or consent.
This is not reasonable accommodation as it would require mediator to act as advisor or lawyer for one of parties rather than acting as neutral third party and would therefore fundamentally alter nature of mediation process. A mediator helps parties reach resolution by facilitating communication, promoting understanding, helping them identify and explore issues, interests, and possible bases of agreement and in some matters helping parties evaluate likely outcome in court or arbitration if they cannot reach agreement through mediation. Different bar associations have issued conflicting opinions about whether and when a mediator engages in practice of law, and certain states or courts have rules on how and how a mediator can assess merits of dispute. All parties and lawyers should read requirements for family mediation before scheduling and attending a mediation session.
