Comments: Worsening Economy Brings Increased Discrimination Charges: How Early Mediation Can Assist

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Claudia Viera, Oakland CA     01/29/10
why only 27% of employers choose early mediation
Gustavo, Excellent question and one I myself have. I do not have any data to share at this time, but will definitely look into it. Some possible reasons could include that: 1) as you mentioned, employers who view the complainant's cases as strong choose private mediaton, or 2) employers tend to discount the strength of complainant's cases pre-litigation, so they adopt a wait-and-see attitude in the hopes the complainant will not actually file litigation, or that the case will be investigated and a "no cause" finding given out. I will let you know if I discover anything more in this regard. Best, Claudia

Gustavo Angelo, Alhambra CA     01/20/10
Early Mediation for Employers
This was an excellent article highlighting the benefits of mediation in Federal and State agencies for employers and claimants. The question remains why only a small percentage of private employers are open to 3rd party mediation in the U.S. workplace? I wonder if the author has some findings to share with us that might suggest more private employers are inclined to use private mediators to help resolve conflicts in their workplaces.