LETS MEDIATE - A WHOLE NEW BALLGAME AT EEOC

The Equal Employment Opportunity Commission is about to significantly change its case processing strategy. As proposed by the Clinton Admini stration in its fiscal year 1999 funding proposal for the Agency, the EEOC is expected to use mediation as its front-line approach to resolv ing charges. This is in sharp contrast to the traditional investigativ e approach to case processing at the EEOC, the routine for at least th e last twenty years. This change raises several issues for EEOC practi tioners. At a minimum, a sound understanding of how the EEOC classifie s and values charges will be essential. In addition, practitioners wil l have to carefully assess the advantages to their clients of particip ating in mediation and the risks associated with reaching or not reach ing a settlement. This article explores the policy precedents that hav e led to the current criteria used by the EEOC to designate a case as eligible for mediation. It also discusses charge classification guidel ines, the advantages of mediation, and finally the difficulties associ ated with the new meaning of ''cause'' at the EEOC in deciding whether to reach a settlement in mediation.