Those unfamiliar with the dispute resolution practices of the Equal Employment Opportunity Commission (EEOC) are often surprised to discover that going to court is only one potential way to solve a discrimination issue with an employer. The EEOC provides employees with the ability to file a charge regarding discrimination, at which point the complainant and their employer both have rights and options.
Mediation with your employer can be an option for those hoping to quickly resolve issues. Mediation sessions can be a more private and faster means of resolving issues with your employer, regardless of whether they stem from a hostile work environment or a systemic form of discrimination against one or more protected groups of people. Working with a neutral mediator can provide for a more balanced outcome than a trial.
However, just because mediation isn’t a courtroom doesn’t mean you should try to handle it alone. Having an experienced Phoenix employment law attorney assist you in mediation could improve your chance of securing a positive outcome.
Successful mediation often requires aggressive negotiation
Mediation involves two or more parties working to find a compromise to a disputed issue. Unfortunately, that can sometimes mean that the more forceful party has greater success.
No matter how confident you are in your position, you may not be able to successfully negotiate on your own behalf when mediating with your employer. Chances are good that they will send a member of their management team, as well as an attorney, to push for their preferred outcome.
An attorney or a boss with an aggressive personality could become more hostile than you might imagine during mediation. Having your own attorney could be the difference between standing up for yourself and getting pushed into a corner.
Your attorney will watch out for your best interests during mediation
It’s hard to keep a neutral perspective when you deal with something as personal as workplace discrimination. Your attorney serves as a source of calm and rational thinking in what could otherwise become a very emotional process for you.
Your attorney also has an obligation to act in your best interests, meaning that they should guide you not just to what is convenient, but what will benefit you the most. Sometimes, that can mean disagreeing with you and pushing you to re-evaluate certain issues or terms. However, the advice your lawyer gives will typically come from a desire to help you secure the best possible outcome.
An attorney can also provide verbal and social support during a difficult process. You shouldn’t have to face your employer alone or worry that you’ll make a mistake that could affect the success of the mediation process. Partnering with an experienced employment attorney can make EEOC mediation a more balanced process.