You may retain a lawyer or representative, but one is not required. You are free to consult one at any time. If you are unable to reach a satisfactory solution, your complaint will be assigned to the Commission's investigative unit for further processing. Transfer to the investigative unit does not preclude the possibility of mediation happening at a later time. An invitation or request for further mediation can be initiated by either party or the staff of the Commission at any time during the administrative process.
Mediation resolves the dispute immediately without deciding the merits of the case.
Its purpose is to settle the charge. Investigation is a longer process and results in a decision on the merits of the charge. Its purpose is to determine if there is enough evidence to prove discrimination. While mediation and investigation serve very different purposes, a case filed with the Commission may move from one process to the other as a result of a request from one or both parties or at the suggestion of a staff member. A decision not to mediate does not impact the case as it goes through the investigative process.