5335 Wisconsin Ave. NW, - Suite 440
Washington, DC 20015

Close to Metro
(Friendship Heights -
Red Line)

PHONE (202) 274-1822
FAX (202) 274-1824
TDD (800) 630-1415

pmaida@keybridge.org

 

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.

 

Trainings are offered by the Key Bridge Foundation in conjunction with
PR Maida Mediation Associates.