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Mediation and Settlement in Federal Court

Every district runs an ADR program, and litigants must consider one. This is separate from any EEOC mediation you already went through.

The framework

The Alternative Dispute Resolution Act of 1998 requires each federal district court to authorize the use of alternative dispute resolution in all civil actions and to devise and implement its own ADR program.

The consideration requirement

Under 28 U.S.C. § 652(a), each district court must require litigants in all civil cases to consider using an ADR process at an appropriate stage of the litigation.

How it varies

Districts run their programs differently. Some maintain panels of approved mediators. Some refer cases to a magistrate judge for a settlement conference. Some make participation mandatory in certain case categories. The specifics live in each district's local rules and general orders.

How this differs from EEOC mediation

If you went through the EEOC's mediation program during the charge, this is a separate process at a different stage, run by the court rather than the agency, with a pending lawsuit as the backdrop.

Where it usually falls

Court-connected mediation commonly occurs after the pleadings are settled and enough discovery has happened that both sides can assess the case — though the timing is set by the court's scheduling order and its local practice.

If it doesn't resolve

The case continues toward summary judgment motions under Rule 56 and, if it survives those, trial.

Sources

28 U.S.C. §§ 651–658; Fed. R. Civ. P. 56; district local rules.

Red flags to watch for

Going into a settlement conference with no damages figure
Assuming EEOC mediation satisfies the court's ADR requirement
Signing an agreement without reading the release scope

Next up

Wrongful Termination

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Sources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.