I Don’t DO Mediation…

Yup… a colleague of mine in corporate Human Resources told me he never, ever, goes to the EEOC’s proffered mediation sessions.

Says he has no reason to go; says he’s right, the claimant is wrong, and he can prove it. Therefore, in his mind, no reason to attend whatsoever.

What a loser…

Listen to me carefully: Go to each and every EEOC mediation offered by the EEOC, forever and ever, amen.

Look, the EEOC wants the employer there to potentially provide an economic or related reason for the plaintiff/claimant to relinquish their claim. They closely track statistics for successful mediation; though the EEOC is always (and never forget this), ALWAYS the employee’s advocate, they have vested, personal interests in resolving via mediation.

Additionally, it’s a chance to “see all the cards,” in case — just in case, mind you — there is a “smoking gun” or something similar of which you were unaware.

It happens, folks. At one time or another, we’ve all been blind-sided, BS’ed, exaggerated to, and just plain lied to. Better to find out in a non-discoverable venue like mediation, than from the EEOC when they file a “friend of the plaintiff” brief or worse, decide to support by suing in direct support.

You make better decisions with better information. Get all the information you can. You can still say “no.” You can still leave the mediation with your checkbook intact (if you want to), but go to the mediation.

While I’m at it, don’t get me started on the business case of early, inexpensive settlements. They have a viable place in the process — but that’s for a later entry.



Kevin Berchelmann

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