Employment discrimination claims involve some of the most complex and emotional legal disagreements that exist. The stakes are incredibly high, and nearly all claims involve jury trials plagued by lengthy delays, high defense costs and unpredictable results.
Alternative dispute resolution mechanisms such as mediation offer the prospect of lowering some of the costs and eliminating some of the uncertainty by attempting to resolve discrimination claims as early as possible–before incurring the rancor and expense of a jury trial.
While one particular mediation program–administered by the U.S. Equal Employment Opportunity Commission–has been available to employers free of charge for more than a decade, the program has historically had low levels of participation from employers.
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