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How Do You Request EEOC Mediation?

Learn how EEOC mediation works, when it may be offered, and why mediation is voluntary and separate from a full discrimination investigation.

Direct answer

To request or accept EEOC mediation, follow the EEOC process after an inquiry or charge when mediation is offered or available. Mediation is voluntary and confidential, and both sides must agree. If mediation does not resolve the matter, the charge can return to the ordinary EEOC process.

EEOC matter + both sides agree + confidential session = possible EEOC mediation

Mediation fit check

Is there an EEOC matter?

Mediation is tied to the EEOC process

May be offered

Do both sides agree?

Participation is voluntary

No agreement means no mediation

Need confidentiality?

EEOC describes mediation as confidential

Good fit

Want guaranteed settlement?

No outcome is guaranteed

Manage expectations

Mediation fails?

Charge can continue

Returns to ordinary process

Question	Why it matters	Result
Is there an EEOC matter?	Mediation is tied to the EEOC process	May be offered
Do both sides agree?	Participation is voluntary	No agreement means no mediation
Need confidentiality?	EEOC describes mediation as confidential	Good fit
Want guaranteed settlement?	No outcome is guaranteed	Manage expectations
Mediation fails?	Charge can continue	Returns to ordinary process

Mediation is not a forced settlement

EEOC mediation is designed to help both sides try to resolve the matter early. It is not adjudication, and one side cannot force the other to settle through mediation.

Request or accept mediation

1Confirm you have an EEOC inquiry or charge where mediation is available or offered.
2Tell EEOC you are interested in mediation or respond to the mediation offer.
3Understand that the employer or other party must also agree.
4Prepare a clear summary of what happened and what resolution you are seeking.
5If mediation does not resolve the matter, follow EEOC instructions for the next charge-processing step.

FAQ

Is EEOC mediation mandatory?

No. EEOC describes mediation as voluntary. Both sides must agree before mediation can proceed.

Does EEOC mediation replace the charge?

No. Mediation is an alternative way to try to resolve a charge early. If mediation does not resolve the matter, the charge can return to the ordinary process.

Is EEOC mediation confidential?

Yes. EEOC describes mediation as confidential and separate from the investigation process.

Sources & method

We reviewed these references while writing this answer. Figures are estimates — confirm safety-critical work with a professional. Last updated June 7, 2026.