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Civil Rights Mediation Program

ERD-17095-P (Revised: 08/2024)

The Equal Rights Divison offers mediation at all stages of the civil rights complaint process. The Early Referral Mediation program offers the parties the opportunity for earlier, quicker, and less costly resolution of a case.

What are the advantages of early referral mediation

Our mediators are experienced Administrative Law Judges (ALJs).
We can facilitate dispute resolution before an investigation or hearing is held which saves time and money.
We can help you find an acceptable solution that will preserve the working relationship you have with your employer if you so choose.
We explain the law, so you understand the litigation process. We also explain the scope of possible remedies, so you know your options.
We have a high success rate settling approximately two-thirds of mediations.
We write settlement agreements to preserve confidentiality. Other than the complaint itself, there will be no public record of the case.

When may I request early referral mediation?

You may request mediation at any time regardless of if you are the complainant or respondent. If you request mediation, we ask the other party if they are open to early mediation. If you are both interested in mediation, your case is assigned to one of our experienced ALJs.

How are early referral mediations conducted?

Early referral mediations are conducted the same way that mediations are conducted at other stages of the our process. Your mediation will be held in a neutral location in-person or by telephone and may last from a few hours to a full day or longer.

During your mediation, we facilitate communication to help you and the other party reach an agreement, but we cannot force you to settle. If we reach an agreement, you may choose to draft your own settlement agreement or have us draft one for you. Once the terms of the settlement agreement have been fulfilled, your case is dismissed.

What if my early referral mediation isn't successful?

If your early referral mediation is unsuccessful, your case returns to the Equal Rights Officer (ERO) assigned to you for investigation. You may try mediation again at any point in the process, however you will be assigned a different mediator.

Tips for a successful mediation

While you are not required to have an attorney to engage in mediation it can be helpful.
Engage in the process and be an active participant during the mediation discussion. Listen to the ALJ and be respectful to everyone involved.
Ahead of your mediation, consider which remedies would be satisfactory to you.
Be flexible and cooperative when discussing possible remedies.
Be patient. Mediation usually involves some give and take before a settlement can be achieved.