EEOC Consulting
Kathryn is a former EEOC Mediator with a M.A. in Conflict Resolution who has mediated over 500 workplace disputes. She offers pragmatic insights that can help you maximize your EEOC mediation experience.
Kathryn has written a two-part article for the employee called “Tips for the Employee on How to prepare for an EEOC Mediation ”. After reading Part one, scroll to the bottom of the article, and click on “next post” to read Part two. 10-Plus Tips for Succeeding in an EEOC Mediation: Part One
Recently, I spoke with a plaintiff’s counsel representing a client who had already filed an EEOC charge. This attorney’s practice was not employment law, and he had been frustrated with the process. He thought the best way to represent his client during the EEOC mediation was to do discovery to determine the wages of employees similarly situated to his client prior to the mediation. After we spoke, he was able to understand that tact would not necessarily be the best approach. Tip #1: Vent your anger and frustrations toward the employee before attending the mediation, so you can attend the mediation ready to “hear” the employees’ concerns without being too reactive. Don’t minimize your annoyance with having been charged with discriminating against this employee. Employers, who ignore their own frustrations, may end up taking it out on the employee in the future. Tip #2: It’s easy to dismiss an employee as intractable, but most people if they are truly listened to and respected, will rise to the occasion. In some situations, however, it may be best to part ways with the employee. Don’t be afraid to have the mediator explore a separation package, when and if the time is right to do so. Tel: 415-567-7541 |