EEOC Mediation & Conciliation
Leveraging the EEOC's mediation and conciliation processes to achieve resolution — or to strengthen the case for litigation.
The EEOC offers mediation early in the charge process and may pursue conciliation after finding reasonable cause to believe discrimination occurred. Both processes create opportunities for resolution that do not exist once a right-to-sue letter issues and the case moves to federal court. With EEOC resources reduced and fewer cause findings being issued, employers may be less inclined to engage meaningfully in conciliation — making experienced advocacy during these processes more critical than ever.
EEOC Mediation
EEOC mediation is a voluntary, confidential process offered at no cost to the parties. It typically occurs early in the charge process, before the investigation is complete. For employees with strong cases, mediation offers the possibility of faster resolution without litigation costs. We prepare for EEOC mediation with the same rigor we bring to federal court — with demand packages, damage analyses, and negotiation strategy.
Conciliation After Cause Finding
When the EEOC finds reasonable cause to believe discrimination occurred, it attempts conciliation before authorizing the charging party to proceed to litigation. Conciliation is a more structured process than mediation, with the EEOC actively participating as an advocate for the charging party's position. A successful conciliation can produce outcomes that match or exceed litigation results without the delay, expense, and uncertainty of trial.
Strategic Considerations
Not every case should settle at the EEOC stage. We evaluate each case individually:
- Whether the employer is engaging in good-faith negotiation or simply going through the motions
- Whether the case has pattern-or-practice implications that warrant litigation
- Whether the damages are better calculated through litigation discovery
- Whether the case creates valuable precedent that should be litigated to conclusion
- Whether the client's personal circumstances favor faster resolution
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