Mediation/Fact-finding Conference

The administrative agencies all make an effort to resolve or settle the case. If a charge is settled, it is no longer necessary to continue or complete the investigation. A mediation conference is a face-to-face meeting between the employer and the employee in an attempt to resolve the case with the assistance of an agency investigator or mediator. Some agencies pursue non-binding mediation as the first step before investigation. Others defer or skip mediation entirely. Both parties must agree to mediation before a mediation conference is set up.

The fact-finding conference is different. It focuses on gathering information from the employer and employee to assist the investigator in determining whether a violation is likely to be established. Mediations focus on a possible out-of-court settlement or resolution. A fact-finding conference is attended by the Complainant as well as the employer. Some agencies permit the parties to bring witnesses. It is thus important to discuss with the investigator whether witnesses are permitted. Parties may always submit written witness statements and affidavits whether or not witness attendance is permitted.

During the fact-finding conference, the employee states his/her own side of the story and the employer responds with his/her own side of the story. The parties also answer questions posed by the investigator to the hearing of all. Some agencies permit no judge or jury at these conferences which are also not recorded or under oath. As such, parties have to rely on their notes to remember statements made at the conferences.