by Lydell C. Bridgeford (BNA.com)

Colorado-based attorney Merrily Archer explains why she launched a national survey asking employers whether mediators in the Equal Employment Opportunity Commission's Alternative Dispute Resolution (ADR) programs made certain comments and statements during the mediation process.  

She said that some EEOC mediators have overstated the risk of enforcement to clients to "scare" them into monetary settlement, despite the charge merits.

The former EEOC trial attorney wondered whether other employers had faced similar tactics, so she created a survey asking participates to recall whether the mediator made certain statements or comments during the mediation process.

For example, questions on the survey include:

• Did your EEOC mediator state or imply that the [commission] may litigate the charge if the employer did not resolve it at the EEOC mediation?
• Did the EEOC mediator state or imply that the EEOC could issue a cause determination if you did not settle at the EEOC mediation?
• Did the EEOC mediator state or imply that the EEOC could launch a "systemic" or "class" investigation against your client/company if you did not resolve the charge at the mediation?

So far, 631 participants, mainly human resource professionals, in-house attorneys, management-side lawyers and employment practice liability adjusters, have answered the survey questions, Archer said.

Read more [HERE].