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matters.^190 Once the parties agree to mediation, the case is
assigned to a neutral mediator,^191 who is an internal EEOC
mediator or third-party mediator contracted to mediate cases.^192
The mediation is free for both parties.^193 If the parties reach an
agreement, their written and signed settlement is enforceable
under contract law.^194 If the dispute cannot be resolved through
mediation, the EEOC will resume investigation of the initial
charge or file suit in federal court.^195
Some scholars and commentators advocate using mediation
for employment disputes,^196 including workplace bullying.^197
Because of the privacy and confidentiality in the mediation
process, it is particularly suitable for resolving disputes in which
parties want to preserve a long-term relationship, like an
employment relationship.^198 When mediators encourage mutual
(^190) See U.S. EQUAL EMP’T OPPORTUNITY COMM’N, NO. 915.002, EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION’S ALTERNATIVE DISPUTE
RESOLUTION POLICY STATEMENT §§ I–II.A (2002), available at
http://www.eeoc.gov/policy/docs/adrstatement.html.
(^191) The Standards of Conduct for Mediators establish the professional
conduct of mediation and consists of standards for mediator impartiality,
confidentiality, conflict of interest, and other factors to ensure the ethical
practice of mediation. See FitzGibbon, supra note 158, at 716 (citing John D.
Feerick, Standards of Conduct for Mediators, 79 JUDICATURE 314 (1996)).
(^192) See Questions and Answers About Mediation, supra note 188.
(^193) Id.
(^194) See id.; The Charge Handling Process, supra note 182.
(^195) See Facts About Mediation, U.S. EQUAL EMP’T OPPORTUNITY
COMM’N, http://www.eeoc.gov/eeoc/mediation/facts.cfm (last visited Apr. 6,
2013).
(^196) See Allison Balc, Making It Work at Work: Mediation’s Impact on
Employee/Employer Relationships and Mediator Neutrality, 2 PEPP. DISP.
RESOL. L.J. 241 (2002) (concluding that mediation is a cost- and time-
effective alternative to litigation that employers are increasingly utilizing);
FitzGibbon, supra note 158, at 714 (asserting that mediation offers to resolve
sexual harassment disputes faster and may exert a conduct-regulating effect
on the workplace).
(^197) See Seagriff, supra note 159 (advocating for employers’ adoption of
internal mediation procedures to resolve workplace bullying disputes without
going to court or losing profit and productivity).
(^198) See FitzGibbon, supra note 158, at 718 (citing Lon L. Fuller,
Mediation—Its Forms and Functions, 44 S. CAL. L. REV. 305, 307–09