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Nevada Equal Rights Commission
Frequently Asked Questions
About Mediation
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Does the Equal Rights Commission require the parties to participate in mediation?
No.
Participation in the mediation program is strictly voluntary. If either
party declines to participate in mediation, the charge will be processed
just like any other charge.
Who mediates charges?
Only
mediators who are experienced and trained in mediation and equal
opportunity law are assigned to mediate charges. Mediators
are neutral unbiased professionals with no stake in the outcome of the
mediation process.
At
what point in the administrative process will mediation take place?
Mediation
will usually take place early in the process prior to an investigation
of the charge. Offering mediation to the parties prior to an
investigation saves Commission resources by avoiding the investigation
of a charge that might be appropriately resolved through mediation. In
addition, mediation prior to an investigation prevents the hardening of
positions that can occur during a lengthy investigation.
Can a party request mediation?
Yes.
Either party can request mediation as long as both parties agree to
participate.
Is
the mediation process confidential?
Yes. The
Commission maintains strict confidentiality in its mediation program.
The mediator and the parties must sign agreements that they will keep
everything that is revealed during the mediation confidential. The
mediation sessions are not tape-recorded or transcribed. Notes taken
during the mediation by the mediator are destroyed. Furthermore, in
order to ensure confidentiality, the mediation program is insulated from
the Commission's investigative and litigation functions. Mediators only
mediate charges. They are precluded from performing any other functions
related to the investigation or litigation of charges.
Who should attend a mediation session?
The
charging party and a representative of the respondent should attend the
mediation session. The person representing the respondent should be
familiar with the facts of the charge and have the authority to settle
the charge on behalf of the respondent.
Can the parties bring an attorney or other representative to the
mediation session?
Yes. While
it is not necessary to have an attorney or other representative in order
to participate in the mediation program, either party may choose to do
so. The mediator will decide what role the attorney or representative
will play during the mediation. The mediator may ask that they provide
advice and counsel, but not speak for a party. If a party plans to bring
an attorney or other representative to the mediation session, he or she
can discuss this with the mediator prior to the mediation session.
Are
all charges eligible for mediation?
No. The
Commission evaluates each charge to determine whether it is appropriate
for mediation considering such factors as the nature of the case, the
relationship of the parties, the size and complexity of the case, and
the relief sought by the charging party. Charges that the are determined
to be without merit are not eligible for mediation.
What happens to a charge if it is not resolved in mediation?
If a
charge is not resolved during the mediation process, the charge is
returned to an investigative unit, and is processed just like any other
charge.
Are the parties required to pay for the mediation?
No. There
is no fee for the mediation.
What happens if a party does not comply with an agreement reached in
mediation?
An
agreement reached during mediation is enforceable in court just like any
other settlement agreement resolving a charge of discrimination filed
with the commission. If either party believes that the other party has
failed to comply with a mediated settlement agreement, he or she should
contact the Commission and/or consult a private attorney.
Does mediation work?
Yes.
Participants in the mediation program indicate a high degree of
satisfaction with the program. It is a fair and efficient process that
can avoid a lengthy investigation and the possibility of unnecessary
litigation.
Can information revealed during a mediation session be used during an
investigation if the charge is not resolved during mediation session?
No. Since
the entire mediation process is strictly confidential, information
revealed during the mediation session cannot be disclosed to anyone
including other Commission personnel. Therefore, it cannot be used
during any subsequent investigation.
Do
charges ever settle for non-monetary benefits?
Yes, in
many cases, the settlement involves a non-monetary benefit. The
Commission supports settlement agreements that are acceptable to both
parties, including agreements that do not include money.
As
a respondent, if I believe the charge has no merit, why should I
participate in mediation?
Mediation
provides a neutral and confidential setting where both parties can
openly discuss information about the underlying dispute. Through
enhanced communication, mediation can foster improved working
and business relationships and a better understanding of factors which
may be affecting the overall business environment.
For more
information about mediation, contact the Equal Rights Commission office.
Equal
Rights Commission
Las Vegas
2800 St. Louis
Avenue
Las Vegas, NV 89104
Phone (702) 486-7161
Fax (702) 486-7054 |
Equal Rights
Commission
Reno
1325 Corporate Boulevard
Room 115
Reno, NV 89502
Phone (775) 823-6690
Fax (775) 688-1292 |
NV Relay
711 or 800-326-6868
DETR/NERC is an equal opportunity employer/program.
Auxiliary aids and services available on request by individuals with
disabilities.
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