Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL). If you have been litigation free so far, chances are that the odds eventually will catch up to you. That is just the cycle in today’s employment environment. Even when employers feel like they are conducting their businesses lawfully, legal challenges may arise from a disgruntled employee. It is even more frustrating to realize that the former employee who has filed an EEOC charge is the employee you bent over backwards to help improve and/or address their concerns. Sometimes that is just the way it goes and now you are in “litigation.”

Mediation Is One Option

You have an option for potential resolution that can avoid the time consuming and expensive litigation process. Mediation is the process where the parties hire a neutral mediator practicing in alternative dispute resolution (ADR) in an attempt to settle the disputed claims. Mediation typically is offered, and sometimes ordered, by both federal and state courts. Likewise, the EEOC and many state agencies offer voluntary mediation at the onset of the charge prior to proceeding with the investigation. Mediations that are ordered by the court sometimes use a magistrate judge not involved in the case at no charge to the parties. When the courts “suggest” or offer mediation, the...

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