EEOC-DFEH Mediation of Employment Cases
EEOC or DFEH Mediation is a great opportunity to settle your case without and before filing a lawsuit against your employer and spending a lot of time and money on the process. Normally, once you file a charge of discrimination with one of the above agencies, they ask both parties whether they are willing to participating in mediation. If both parties agree, then the assigned mediator will work with both sides to set the claim for early mediation and to try to settle the case.
When the employer agrees to any kind of mediation, whether it's EEOC or DFEH mediation or a private mediation, that alone says nothing about the employer's position on the case, and it certainly doesn't mean that they admit liability. It does say, however, mean that the employer recognizes their interest in at least trying to resolve the dispute earlier than later and potentially avoid the costly and lengthy litigation.
If the employer agrees to participate in mediation you should do so as well. There is simply no downside to going to DFEH / EEOC mediation and you can only benefit from it regardless of whether you settle your case at the mediation or not. This process is free (while private mediation can costs from about $2,000 - $3,000.00 per side or even more), and it gives you a meaningful opportunity to settle your case or, at the very least, learn useful information about the employer's side of the case, which is very important in every employment case. Hearing where your employer is coming from and also getting a mediator's opinion about your case can also help you decide whether your case is actually worth pursuing, and if so - how to tailor your claims to these potential defenses.
When the employer agrees to any kind of mediation, whether it's EEOC or DFEH mediation or a private mediation, that alone says nothing about the employer's position on the case, and it certainly doesn't mean that they admit liability. It does say, however, mean that the employer recognizes their interest in at least trying to resolve the dispute earlier than later and potentially avoid the costly and lengthy litigation.
If the employer agrees to participate in mediation you should do so as well. There is simply no downside to going to DFEH / EEOC mediation and you can only benefit from it regardless of whether you settle your case at the mediation or not. This process is free (while private mediation can costs from about $2,000 - $3,000.00 per side or even more), and it gives you a meaningful opportunity to settle your case or, at the very least, learn useful information about the employer's side of the case, which is very important in every employment case. Hearing where your employer is coming from and also getting a mediator's opinion about your case can also help you decide whether your case is actually worth pursuing, and if so - how to tailor your claims to these potential defenses.