CLE Program

Mediating Employment Disputes


Date: Wednesday, November 6, 2019
Time: 12:00 p.m. - 2:00 p.m.
Runtime: 2:00h

Program Code:


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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


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

Sponsoring Sections:

Labor & Employment Section
Dispute Resolution Section

NOTE: This is a previously recorded MBA On Demand product.
When you register, you will receive a link via email to the previously recorded MBA On Demand program and its ePublication. Your member profile will also contain a permanent link to the MBA On Demand version of the program.

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