Both parties may designate a representative of choice. Once a representative has been designated, the EEO Officer should immediately be informed. Although the mediator has up to 45 calendar days to assist parties to reach a mutually agreeable resolution, mediation sessions typically last no more than a few days. All information obtained in mediation sessions is confidential. If the complaint become formal, statements made in settlement negotiations may not be used as evidence.
Confidentiality increases the flow of communication between parties.
This is crucial in reaching mutual resolution. At the conclusion of resolution efforts, the mediator will provide the employee with an official Termination of Mediation Notice. Agreements reached in mediation become binding after clearance by the appropriate authorities. If mediation is unsuccessful in resolving any concern raised in informal counseling, the employee will be advised of the right to file a formal discrimination complaint within 15 calendar days from receipt of the Termination of Mediation Notice on any issue brought to the EEO Counselor which remains unresolved. To make the EEO complaint process work appropriately and effectively for you, you need to know what it can and cannot do.