abor attorney Jonathan A. Segal lauds the mediation program at the Equal Employment Opportunity Commission, but notes that employers should walk into the initial mediation conference with realistic expectations about settling the discrimination charge.

"Don't go into mediation, if you don't want to settle. If you expect the employee to withdraw his or her charge and say 'I am sorry,' I respectfully suggest your expectations are not reasonable. If you are going to mediation, be prepared to settle. Have something you are prepared to do or don't go," said Segal, a managing partner at the law firm Duane Morris in Philadelphia, during this email Q&A.

The mediation program established by EEOC allows employers to settle employment discrimination claims prior to litigation.  Parties are offered the opportunity to mediate shortly after a discrimination charge is filed.

According to EEOC, nearly 9,831 charges were resolved through mediation in fiscal year 2011, a five percent increase from fiscal 2010. The commission also obtained $171 million for discrimination claimants through mediation, $29 million more than in fiscal 2010. 

Some large multi-state employers in the private sector would prefer to settle an EEOC charge of discrimination before an investigation or litigation begins. For instance, Family Dollar Store Inc. and CVS Caremark have each signed a national universal agreement to mediate with the EEOC future discrimination charges against their companies. Under the agreements' terms, all future EEOC charges filed against the employer are sent to EEOC's meditation unit.

In July 2012, EEOC reported that it had entered into 257 national and regional universal agreements to mediate with private sector employers, while its district offices had entered into 1,850 mediation agreements with employers at the local level. EEOC launched the national meditation program in 1999. And since then, more than 148,000 discrimination charges have been mediated, with more than 70 percent successfully resolved, according to the agency.

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