Another reason management shies away from mediation
programs, the report said, is the perception that mediation
requires a monetary settlement. “The perception of employers
is that if they do not bring money to the mediation table
they are not welcome,” the study said.
The study also found that lack of information about the
programs was generally not a factor, and that even among
those less familiar with it and who declined to investigate
using it generally made that decision after investigating
the charge. Nor did financial capacity of the complaining
employee or past experience or perception of the program play
major roles, it said.
“It is not the program that is a disincentive to mediate but
rather the perceived quality of the EEOC charge at issue,”
the study concluded. “In the solicited general comments from
the employers about the EEOC the primary concern was that
the EEOC needed to do a better job of screening cases to
ensure that meritless claims are dismissed. Thus, the “theme”
of case/charge merit seems to remain throughout employer
responses.”