EEOC to make virtual mediation a permanent option

Dive Brief:

Nearly 70% of participants in the U.S. Equal Employment Opportunity Commission’s virtual mediation process reported that they would prefer to experience the process online rather than in person in the future, according to a study the agency released June 1. They attributed their preference to flexibility, convenience, cost savings and the creation of a “safe space.”
In a second, complementary study, researchers noted that mediators saw little “Zoom fatigue” in virtual sessions; saw similar or better-quality settlements for both parties; experienced few technological issues; and experienced better communication due to increased use of document sharing, immediate and private feedback to the mediator, more participants in the sessions and more sessions to increase the opportunity to reach a settlement.
The independent studies were conducted between July and November 2021 by two researchers from Salisbury University. They included responses from more than 1,000 participants in mediation sessions, including from mediators, charging parties, employers, attorneys and HR representatives. The researchers largely compared response data to a similar survey conducted on in-person mediation in 2000.

Dive Insight:

The EEOC’s decision to continue its use of virtual mediation sessions is the latest example of how the pandemic has ushered in permanent changes to the workplace, even for processes that are particularly formal or sensitive.

Virtual hiring has taken off in the past few years, with a LinkedIn acquisition of a marketing analytics firm signaling no slowdown in sight. As with EEOC mediation sessions, sources have noted that the wide net cast by virtual recruiting and hiring can help companies improve upon certain measures. The process can reel in more diverse and potentially more competitive talent, for example.

As more of Gen Z moves into the workforce and employers up their recruitment, virtual job fairs have also taken off.

EEOC’s mediation program is an important component of its enforcement efforts, the agency has noted, making adjustments that increase participation in the program — like virtual sessions — beneficial for EEOC, as well as arguably for other parties. In its 2023 budget justification, the agency pointed out that “mediated resolutions not only assisted the Commission in reducing the federal sector workload, it also permitted administrative judges to further concentrate their efforts on conducting hearings and rendering decisions in the federal complaint process.”

EEOC estimated in its budget justification that its mediation program jumped from 6,644 successful mediations in FY 2021 to 6,939 in FY 2022 — potentially as a result of introducing virtual sessions. While it expected that number to fall slightly in the years to come from its FY 2022 estimate, it anticipated the number of mediations to remain high.