In most cases, the employer will come to EEOC mediation with counsel. Because mediation involves the continuous assessment of the strength of an employee's legal claims, counsel is necessary to apply the law­­–as articulated in binding case law, statutes, and administrative regulations–to the facts of the matter. Ad hoc legal research is often needed during mediation. Without the benefit of counsel, employees risk being taken advantage of by their employers.

Additionally, mediation is commonly an emotional experience for employees. Well-meaning employers who may not have intentionally wronged their employees typically give employees time and space to express how they were personally hurt by the alleged discrimination, harassment, or other legally-barred unfair treatment. Some employers even apologize (without admitting fault) to employees during mediation for the alleged wrongs. A good employment attorney understands that complete vindication goes beyond monetary settlement. However, the attorney is there to act as a voice of reason when employees may be inclined to make emotionally-charged decisions that may not be in their best interests.

Finally, counsel is able to advise employees based on likely pre-trial litigation outcomes should mediation fail. Most people think of litigation as only the trials that are shown on television or online. However, there are many steps before an employee can receive his day in court–assuming that the suit survives summary judgment.

Bottom line: NEVER attempt to represent yourself in mediation. If you have any questions about EEOC mediation, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel..