Why Hire a Mediator for Discrimination Complaints

Employment discrimination cases are on the rise, and with them come increased risks, costs, and emotional strain for both those who make allegations of discrimination (plaintiffs) and the accused (defendants). At the same time, government agencies are facing funding cuts, which can lead to years of delays before the discrimination complaints are resolved. Choosing to hire a private mediator—rather than waiting for the courts or administrative agencies—can transform the experience and outcome for all involved. Here's why mediation is a strategic choice for resolving discrimination conflicts swiftly and sustainably.

The High Costs and Long Timelines of Litigation

• Financial Toll: An escalating number of discrimination claims means all parties frequently incur higher legal and reputational costs, and individuals involved experience personal stress as cases drag on.

• Extended Legal Battles: A discrimination lawsuit can take years to resolve—from initial complaint through court proceedings—prolonging uncertainty and trauma for everyone involved.

• Delayed Mediation: Even if an administrative body or court eventually assigns a mediator, this may not occur until after expensive filing fees and significant delay, leaving the workplace, business, educational institution, or government in limbo during a critical period.

Mediation vs. Litigation

	Litigation	Mediation
Timing	Court-appointed mediation may take years to be scheduled, often after lengthy filings and fees.	Private mediation can be arranged quickly by mutual agreement, minimizing delays.
Legal Representation	Often requires the involvement of lawyers to navigate legal procedures	Mediation can proceed without legal representation, making the process more accessible and less intimidating for all parties
Equitable Solutions Beyond the Law	Remedies are limited to legal frameworks and judicial discretion	Parties can craft creative, tailored agreements that go beyond legal remedies to achieve fairer outcomes
Access to the harasser	Plaintiffs may have to interact with the harassers over a prolonged time, potentially subjected to more harassment through the weaponization of the litigation process.	The mediation process specifically separates the parties in a controlled manner, usually with the parties speaking to the mediator rather than to each other in high-conflict situations.

 

The True Cost of Delayed Mediation

• Prolonged Harm: Delayed mediation keeps everyone trapped in an unresolved, potentially toxic environment. If discrimination is present in the workplace, at an educational institution, or another environment where plaintiffs and defendants continue to interact with each other, waiting years to address the issue increases the risk that additional incidents will occur, multiplying claims and unrest.

• Compounding Toxicity: The longer problems go unaddressed, the more difficult they become to remedy. Toxic organizational dynamics can erode morale, damage productivity, and foster further legal disputes.

Private vs. Court-Assigned Mediation: A Crucial Difference

Aspect	Court/Tribunal-Assigned Mediation	Private Mediation
Motivation	Often pressured to settle fast to reduce caseloads, generally focus solely on the legal aspect of a dispute	Focused on comprehensive, lasting resolutions, addressing both legal and interpersonal dynamics
Control	The court sets the process and timeline.	Parties have greater input in selecting a mediator and designing the mediation process.
Relationship Repair	May not address underlying workplace tension or restore working relationships	Skilled private mediators attend to emotional and relational needs, helping rebuild trust and improve organizational climate.
Time for Optimal Outcomes	Limited time and pressure to settle quickly, focusing primarily on legal closure	Private mediators have the flexibility to spend the time needed with participants, minimizing trauma and facilitating a more thoughtful resolution.

The Advantages of Hiring a Private Mediator

• Faster Resolution: Private mediators can be brought in much sooner, helping all parties avoid years of drawn-out legal conflict and excessive costs.

• No Obligation for Legal Representation: Unlike court-based processes, mediation allows both parties to participate directly without the need for a lawyer. This reduces expenses and empowers individuals to express themselves in their own words, making the resolution more personal and less formal.

• Time to Achieve Optimal Outcomes and Minimize Trauma: Private mediators have the flexibility and focus to spend the time necessary with participants to reach the best possible outcome. Because mediation typically takes far less time than a lawsuit or administrative complaint process, plaintiffs are not subjected to the repeated re-traumatization that lengthy legal proceedings often cause, such as intrusive or offensive questioning by opposing counsel, parties, judges, or investigators.

• Ability to Create More Equitable Solutions: When the legal system’s remedies feel insufficient or unfair, mediation offers parties the freedom to negotiate tailored agreements that better address their unique needs and interests. Without being constrained by solutions outlined by the law, the parties can design creative solutions that feel more just and effective for everyone involved.

• Confidential, Respectful Process: Mediation offers a confidential forum where parties can explore sensitive issues honestly, without public exposure or lasting reputational damage for either side.

• Comprehensive Solutions: Private mediators facilitate in-depth discussions and mutual understanding, resolving both legal and interpersonal aspects for genuine closure.

• Prevention of Escalation: Addressing discrimination claims early and thoroughly helps break the cycle of toxicity, discouraging further incidents and claims down the line.

• Preserved Relationships: By focusing on the human and cultural elements, mediation can repair damaged relationships and improve morale, helping teams move forward together.

• Low risk: Since mediation is a voluntary process, the parties are not required to accept an outcome they do not like. However, if an arbitrator or judge rules against them, they often have to accept the outcome (especially if there are no more options for appeal). This can be especially helpful where arbitrators tend to rule against minorities and women per an American Association for Justice report. See Where White Men Rule: How the Secretive System of Forced Arbitration Hurts Women and Minorities (June 2021), https://www.justice.org/resources/research/forced-arbitration-hurts-women-and-minorities

Conclusion

Mediation is not just about settling a case; it is about breaking cycles of harm and fostering healthier workplaces. The sooner discrimination conflicts are addressed, the less costly and traumatic the process will be for everyone involved. By hiring a private mediator, organizations can resolve issues comprehensively, protect workplace culture, and prevent years of litigation and unrest.

If your workplace is facing a discrimination claim, consider the benefits of early, private mediation. It is an investment in faster, fairer outcomes—and a more positive future for your organization.