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Authors

Matt A. Mayer

Abstract

This Article will address the issues noted above. Part II discusses the realities for employers and employees created by the increased filing of employment discrimination claims. Part III encapsulates the procedural movement of a claim through the EEOC. Part IV summarizes the mediation process and notes why mediation is one of the methods used to deal with these claims. Part V highlights the pros and cons associated with the mediation of employment discrimination claims. Part VI discusses the inherent tensions between the goals of mediation and the goals of the anti-discrimination laws, as well as the inherent tensions that naturally flow from added government regulation on our capitalist economic structure. Part VII sets out alternative solutions other than mediation to deal with employment discrimination cases. Finally, Part VIII concludes this Article by stating that although mediation should not be used for employment discrimination cases, the fact that it is, and will continue to be used, should be accepted by parties and practices and should be adjusted accordingly.

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