If you file a discrimination case with the EEOC or with your state’s human rights agency, your case may qualify for its mediation program. That mediation program only selects cases where the claims are clear, both parties agree to mediate, and the agency feels mediation can work. When you agree to enter mediation, your case goes into suspension status at most agencies. This means that the days are no longer being counted toward the agency’s deadline for completing the investigation.
The purpose of the mediation is for each side to present its case and work toward a compromise that will satisfy both parties. If no resolution is agreed upon at the mediation, the case will return to its open status and will be put back into the database to be assigned to an investigator. Nothing said or written at the mediation will be attached to the case file. In fact, the investigator will not even know that mediation was attempted.