“Nearly 70% of the participants prefer Online Dispute Resolution [e.g., via Zoom] to In-Person Mediation . . . Only 13% preferred In-Person Mediation in the future.”
That’s the finding from a study of party-participants in the mediation program conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”).
- The report of the study is titled, “The Equal Employment Opportunity Commission Mediation Participants Experience in Online Mediation and Comparison to In-Person Mediation.”[Fn. 1]
Such finding is based upon surveys completed by 1,234 parties who had participated in an EEOC mediation session.
History
Here’s how the study came about:
- the EEOC mediation program began with a 1991 pilot program that then expanded nationally;
- in 2000, the EEOC began an annual survey to measure participant satisfaction for its In-Person Mediation;
- by mid-March 2020 as a result of the pandemic, the EEOC shifted all mediations to Online Dispute Resolution, using remote video platforms or phones—in September 2020, the EEOC adopted Zoom as its primary Online platform; and
- in 2021, the study discussed herein was conducted.
Findings on “Why”
Here is a further finding from the study on the “why” of preferring Online Dispute Resolution over In-Person Mediation:
- survey responses indicate that the focus on social distancing caused by the pandemic influenced the Online preference to some degree; but
- extensive data in the study shows that the Online preference is often related to non-pandemic factors such as flexibility, location convenience, safe space, and efficiency.
Employer Preference
Moreover, the study finds that most employers—not just employees—also prefer the EEOC’s Online mediation over In-Person mediation:
- 62% of employers stated that the availability of Online Dispute Resolution makes it more attractive for them to participate in EEOC mediation; and
- employers and their counsel noted the importance of efficiency of the Online process in their open-ended comments.
Translating Findings to Other Contexts—A Suggestion
It’s difficult to predict how such findings will translate into other mediation contexts, such as mediations in commercial lawsuits or of bankruptcy disputes.
But here’s a starting-place suggestion:
- one of the great benefits of Online mediation is efficiency—e.g., there are no travel-related cost; and
- so, online mediation ought to be the default choice—unless strong reasons exist for mediating in person.
Conclusion
It’s not surprising that most participants (both individual employees and employers) in EEOC mediations prefer Online mediations to In-Person mediations, in light of efficiency considerations alone.
While significant difference may exist between EEOC mediations and mediations in other contexts, the findings of the study described above are significant and should be considered in all mediation contexts.
Footnote 1. The study report is written by E. Patrick McDermott, Ph.D., and Dr. Ruth Obar, Ph.D, and is published by the U.S. Equal Employment Opportunity Commission (February 18, 2022).
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