ELS attorneys have always prioritized assessing cases and resolving them early, if possible. The EEOC’s ACT Mediation pilot has created more opportunities to resolve charges throughout an investigation.  The EEOC is extending a pilot program that expands opportunities to voluntarily resolve charges through mediation through Sept. 30, 2021.

Although mediation is usually requested early in the administrative process, under the Pilot, parties to a charge may request mediation at any point in the administrative process, including during investigation of the charge and after the EEOC has issued a determination that discrimination occurred.  However, after the EEOC has issued a cause determination, mediation will be made available only if both the District Director and Regional Attorney agree that mediation is appropriate.

Please reach out to ELS Partner, Chandra Davis at to discuss the opportunities to resolve EEOC Charges early.