Online Mediation Participant Experience at the Equal Employment Opportunity Commission – Do the Data Herald the Creative Destruction of In-Person Dispute Resolution?

The pandemic forced the Equal Employment Opportunity Commission (EEOC) to transition to online video mediation (OVM) in place of its existing in-person mediation (IPM) model. Using measurements from their 2000 evaluation of EEOC IPM, plus new measures related to the elements of OVM, the authors surveyed 2,387 EEOC mediation participants during the pandemic, obtaining responses from 1,234 (53%).

OVM performed as well or better on the four measures of procedural fairness, overall mediation fairness, satisfaction with the results, and willingness to use the process again. Sixty-seven percent of the parties favored OVM over IPM. Responses to a closed-end survey that provided for additional open-end responses indicate that OVM is seen by the parties as having a more convenient location, lower costs, and greater flexibility. The results establish that OVM provides greater access to justice due to safe space and to the willingness of additional employers to engage in OVM.