In terms of the EEOC, often times you will receive what is called intent to mediate form. This is typically sent to the respondent who is usually the employer in these cases asking whether they have any desire to mediate the claim. Of course you should always seek legal advice when the EEOC is in contact with you in order to determine whether your response to that type of claim is appropriate for your particular company. There are benefits, pros and cons to mediating, and measures should be taken to protect your rights in terms of paying any kind of a settlement that may be considered to be too much for the particular part of the case or the particular claim that’s against you. One of the things that needs to be evaluated in deciding whether to go to the EEOC for mediation is whether you have any defenses to the claim, whether those defenses are viable or even if those defenses are viable you might be facing several years of litigation which of course is expensive to you as an employer. Typically when you receive an intent to mediate, you need to evaluate the case with an attorney who has experience in the area of employment law so that you can get the best advice and best information in terms of determining what your risks are going forward.
Of course going to mediation doesn’t guarantee that there will be a settlement. Mediation is a process which often times, take several rounds of negotiations in order to come to a settlement. There is no guarantee that the claimant in a particular case is going to accept whatever it is that the employer is offering. However, with the assistance of counseling, you can always try to be as persuasive as possible in these type of proceedings.
Do you have questions about an EEOC Charge of Discrimination? If so, contact the experienced Westchester Employment Lawyer Kim Berg.