Alternative Dispute Resolution
The EEOC Will Mediate Your Case for Free. Here's How That Actually Works.
Hi there,
If a discrimination charge lands on your desk — or you're the one who filed it — most people assume the road ahead is long: investigation, findings, maybe litigation. But there's a faster option that a lot of employers and employees never hear about: the EEOC's National Mediation Program (NMP).
It's free, confidential, and voluntary for both sides. Here's what's worth knowing.
The numbers speak for themselves
- Over 200,000 charges mediated since the program launched, with roughly 72% resolved.
- 7,471 successful mediations in FY2023 alone, totaling $201.2 million in relief.
- Mediated cases close in about 97 days on average — versus 200+ days for a standard investigation.
- 90%+ of participants, on both sides, say they'd use it again.
How it works, in short
A charge is filed → the EEOC screens it for mediation eligibility → both sides agree to a session with a neutral mediator (usually 3–4 hours) → if they reach an agreement, it becomes a binding contract and the charge closes. If not, the charge just goes back to standard investigation. Nothing is lost by trying.
Everything said in the room is legally confidential — mediators are kept separate from investigators, and nothing discussed can resurface later in an investigation or in court. That protection is exactly what makes candid, creative problem-solving possible.
Where it doesn't fit
Mediation is voluntary, so either side can decline. It's generally not offered for pattern-or-practice or systemic claims, and because settlements stay private, they don't set public precedent. Worth weighing if your case involves broader policy questions rather than an individual dispute.
The takeaway:
Early, well-facilitated mediation tends to preserve relationships, save money, and produce outcomes both sides actually helped design.
Whether you're facing an EEOC charge or a workplace dispute that hasn't reached that point yet, we help employers, employees, and organizations across DC, Maryland, and Virginia work through it — in person or remotely, nationwide.
Talk soon,
DC Mediation & Dispute Resolution Institute