Federal Manager's Daily Report

Another reason management shies away from mediation

programs, the report said, is the perception that mediation

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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.”