Perspectives from the EEOC, MCAD, U.S. District
Court and Private Mediators
A significant percentage of employment disputes are resolved through
mediation. Most advocates are familiar with mediation offered by private
mediators. However, many advocates do not always know what to expect when they
are offered mediation through administrative agencies or the courts.
In recent years, the U.S.
District Court for the District of Massachusetts, the Equal Employment
Opportunity Commission (EEOC) and the Massachusetts Commission Against
Discrimination (MCAD) have become more proactive in promoting mediation,
including efforts to make their mediation processes more effective in resolving
disputes.
In this program, our distinguished panel will discuss the mediation services
offered by the U.S. District Court, the EEOC and the MCAD, and highlight how the
mediation process differs between each forum and compares to private mediation.
Among the topics to be addressed are:
- Pre-mediation submissions
- Required attendees (e.g., ultimate decision-makers,
insurers)
- Expected duration of mediation in each forum
- Initial joint sessions -- with or without opening
statements
- Facilitative vs. evaluative mediation approaches
- Ethical issues when presenting settlement positions
- Acceptable settlement terms (e.g., confidentiality
and no reapply/rehire provisions)
- Handling pro se litigants
Faculty:
Michelle De Oliveira, Esq., Program Co-chair
Kenney & Sams PC, Boston
Robert M. Shea, Esq., Program Co-chair
Beck Reed Riden LLP, Boston
Hon. Judith G. Dein, Panelist
Massachusetts U.S. District Court, Boston
Maria Hanna Joseph, Esq., Panelist
Joseph Mediation, Charlestown
Elizabeth A. Marcus, Esq., Panelist
U.S. Equal Opportunity Commission, Boston
Michael A. Zeytoonian, Esq., Panelist
Commonwealth of Massachusetts-Commission Against Discrimination, Boston