How are EEO Counseling and Mediation different?
• The EEO counseling process includes a written report if a precomplaint is not resolved. There is no written record of mediation except for a written agreement, if one is reached. • EEO counseling involves all witnesses with relevant information in a dispute. Mediation involves only the parties in dispute. • Although rare, EEO counselors may be called as witnesses in subsequent legal proceedings. Mediators cannot be called as witnesses. • The standard of confidentiality is stricter in mediation than in EEO counseling. • While the regulations governing the EEO complaint process provide a time frame of up to 90 days for the completion of EEO counseling and mediation, mediation is usually completed much sooner than EEO counseling. 4. When does mediation work best? Mediation can resolve EEO disputes quickly and to the satisfaction of all parties involved. It works best early in the dispute process, before parties develop strong attachments to their positions. Mediation works best when: •
