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Overview
Mediation is an alternative dispute resolution process that is a voluntary, confidential and efficient method to help parties resolve their employment disputes through a mutual agreement. TWC Civil Rights Division mediators are specially trained to resolve equal employment opportunity complaints and use a variety of techniques to open communication between the parties to a case.
Benefits
Successful mediation results in the early closure of the dispute and eliminates the need for an investigation.
Who Should Attend
All parties to the case should attend the mediation session. The employer representative should be familiar with the facts of the case and have the authority to settle the case on behalf of the employer.
Although you don’t have to bring an attorney with you to the mediation, either party may choose to do so. The mediator will decide what role the attorney will play during the mediation.
Confidentiality
All information and documentation obtained during mediation is confidential.
How Mediation Works
Shortly after a discrimination complaint is submitted, we will contact both the employee and employer to ask if they are interested in participating in mediation. If both parties agree to mediate, the mediator will schedule a mediation. A written signed agreement reached during mediation is enforceable in court just like any other contract.
If either party turns down mediation or if the parties do not reach an agreement during the mediation, we will transfer the complaint to one of our investigators.
Costs & Need for an Attorney
There is no charge for mediation. If you are represented by legal counsel or another representative, you will need to provide a letter of representation, including a name, address and telephone number for your representative.
