The U.S. Equal Employment Opportunity Commission
VIII. Conclusions and Implications
The participant evaluation of the EEOC mediation program shows a
high degree of participant satisfaction with the EEOC mediation
program and its elements. Both the participant groupscharging
parties and respondentsgave high marks to the various
elements of the EEOC mediation program. The conclusions of this
research and their implications are the following:
- The participants expressed strong satisfaction with the
information they received about mediation from the EEOC prior to
their attendance at the mediation session. They also felt very
strongly that they understood the process after the mediator's
introduction of the process. One of the EEOC goals of mediation is
to provide adequate information about mediation to the parties. The
results show that the EEOC was very successful in fulfilling this
goal. As the results indicate, "knowing participation," an
essential element of procedural justice,<123> was present in the EEOC mediation
process.
- The vast majority of the participants agreed that their
mediation was scheduled promptly. Prompt scheduling is important
for two reasons: (1) it is an indicator of effective program
management, and (2) the likelihood of a settlement increases if
mediation takes place promptly before the parties hardened their
positions. The EEOC's prompt scheduling of mediation sessions is
indicative of effective program management. It also increases the
chances of dispute resolution.
- An overwhelming majority of the participants felt that they had
a full opportunity to present their views during mediation. This
"voice factor" is important for three closely related reasons.
First, it provides the parties with the satisfaction that their
story is heard. Research on grievance systems indicates that one of
the main opportunities that participants seek is a forum to present
their views. Second, it is crucial to the fairness of the process,
as indicated by the theory of procedural justice. Third, it
increases people's acceptance of the outcome, thereby contributing
to their overall satisfaction with the outcome.
- The participants were very satisfied with the role and conduct
of the mediators. They felt strongly that the mediators understood
their needs, helped to clarify their needs, and assisted them to
develop options for resolving the charge. They felt even more
strongly that the procedures used by the mediators were fair. The
questions regarding the neutrality of the mediators elicited some
of the strongest responses from the participants, who felt that the
mediators were neutral not only in the beginning of the process,
but also remained neutral throughout the process. This finding is
significant for two reasons. First, the perceived neutrality of the
mediator is important to foster trust between the parties and the
mediator, which is essential for the resolution of the charge and
for the participant satisfaction with the process. Second, one of
the EEOC goals of mediation is neutrality. As the participant
responses indicate, the EEOC was successful in achieving this
goal.
- Participant satisfaction with the distributive elements of
mediation was more tempered than their satisfaction with the
procedural elements. This is indicative of the fact that mediation
is a facilitated negotiation process where parties do not usually
obtain what they wanted going into the negotiations. This result is
also consistent with the dispute resolution literature on
distributive justice. Among the distributive elements, the
participants were most satisfied with the fairness of the mediation
session. They also agreed that most of the options developed during
mediation were realistic solutions to resolving the charge. The
majority of the participants were also satisfied with the results
of mediation.
- Participant satisfaction with the EEOC mediation program
remained high even when the participant responses differed, at
times, based on the statutory basis of the charge (Title VII, ADEA,
and ADA), the basis of the charge filed (religion, gender, race,
national origin, disability, and age), the issue at mediation
(discharge, terms and conditions of employment, harassment, sexual
harassment, promotion, wages, discipline, and reasonable
accommodation), whether a party to mediation was represented, the
size of the company, the type of mediator, the status of the
mediation, and satisfaction with the result. Our overall results
indicated that the EEOC participant feedback reported here was
fairly consistent, regardless of the influence of the various
factors discussed above. The only obvious exception was based on
"participant satisfaction with the mediation result." As one would
expect, participants who were satisfied with the result of their
mediation gave higher ratings to their mediation experiences than
those who were not satisfied. However, it should be noted that even
in this case, the results indicate that the participants who were
not satisfied with the result of mediation expressed positive
opinions regarding the various procedural elements of
mediation.
- An overwhelming majority of the participants indicated that
they would be willing to participate in the mediation program again
if they were a party to an EEOC charge. Participants, regardless of
their satisfaction with the outcome of mediation, overwhelmingly
indicated their willingness to return to mediation. This is a
strong indication of their satisfaction with the EEOC mediation
program. This finding also indicates that participants were able to
differentiate between the procedural and distributive elements of
mediation. The fact that willingness to return was high, even among
participants who did not receive what they wanted, indicates that a
fair and neutral process that provides participants with an
opportunity to present their views may be even more important than
the obtained outcome. This finding is consistent with the results
of other empirical studies of procedural justice.
- Overall, participant feedback regarding the EEOC mediation
program indicates that the program is, by any measure, clearly
acceptable to the charging parties and respondents who participated
in it.
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