This document provides an overview of mediating discrimination cases in a diverse workplace. It discusses key concepts like how diversity impacts communication and perception. Communication styles vary from monochronic to polychronic and low to high context. Perception is influenced by selective perception, negative attribution, and reactive devaluation. The document also outlines federal employment laws, compares mediation to investigation, and describes a sample mediation session. Roleplays demonstrate applying the concepts, and additional resources are provided.

1. Mediating in a Diverse
Workplace:
Making Peace Happen at Work
Linda Mealey-Lohmann, Esq.
Mealey-Lohmann Mediation & Dispute Resolution
Website: MLMediation.net
Leslie Sinner McEvoy, Esq.
MN CLE Program Attorney
lsinnermcevoy@minncle.org

2. Making Peace Happen at Work
1. Mediating Discrimination
Cases
2. Key Theoretical Concepts
3. Roleplays

3. Mediating Discrimination Cases

4. Workplace Diversity
• Race
• Nationality
• Religion
• Disability
• Age
• Gender
• Sexual Orientation
• Diverse Cultural
Backgrounds

5. Reasons for Workplace Disputes
• Terminations
• Non-selection/non-promotion
• Workplace harassment
• Work assignments
• Disciplinary actions
• Personality Conflicts*

6. Federal EEO Laws
Title VII: Race, Color, National Origin, Religion, Gender
 Sexual Harassment
 Pregnancy Discrimination Act
ADAAA: Disability
ADEA: 40 years or older
EPA:
Wage disparity between genders
GINA: Genetic information
*Retaliation & Hostile Work Environment

7. Mediation vs. Investigation
Outcome within average of
90 Days
Settlement
Case Closed
Mediation
Conference
No Settlement
Return to Investigation
Parties Opt
For Mediation
Intake
Case
Investigated
Records Reviewed
Witnesses Interviewed
On Site Visit
Fact finding Conference
Subpoenas Issued
Investigations Presently
Average over 6 Months
No Cause
Charging Party Right to Sue
Cause
Conciliation
Successful Conciliation
Case Closed
Unsuccessful
Conciliation
EEOC Sues
Suit Matter of Public Record
Charging Party
Right to Sue
Litigation may take
4 Years or more

8. The Mediation Session
●Conducted face-to-face by highly-skilled mediators
●Relaxed and informal
●Focus is on resolution
●Representatives allowed (but not required)
●Normally includes private caucuses at some point
●Usually lasts 3 - 5 hours
●Majority of cases are resolved
at mediation session

9. • FY 2012: EEOC completed mediation of 11,380 private
sector charges and resolved 8,714 of them with benefits
exceeding $153,300,000.00 for Charging Parties.
• Average closure age was approximately 101 days.
• Overall settlement rate nationally is 77%.
• Approximately 25% of cases are resolved on primarily
non-monetary terms.
• Participants overwhelmingly support the Program and
indicate they would participate again if given the
opportunity.
• See www.eeoc.gov for more information regarding the
EEOC Mediation Program.

10. Key Theoretical Concepts
Impact of Diversity on:
1. How People Communicate
2. How People Perceive
Applies in the Workplace + In Mediation

11. Impact of Diversity on Communication
2 Key Concepts
Monochronic – Polychronic
Low Context – High Context

12. Monochronic   Polychronic
Communication Styles
Monochronic Communicators
• Linear, sequential
(chronological)
presentation
Polychronic Communicators
• Circular presentation
• Succinct outline of
issues
• Multi-issue focus
• Focus on feelings
May view Other as
unfocused,
disorganized,
unprepared
May view Other as
rigid and cold & feel
unheard

13. Monochronic   Polychronic
Speaker Sequence
Monochronic Communicators
Polychronic Communicators
• Expect “turn taking”
when talking, no
interruptions
• Prefer Overlapping
Talk (“engaged”)
May view Other as
rude and disruptive;
can’t express thoughts
May feel Other is
monopolizing the
conversation, has
unfair advantage

14. The degree of meaning
derived from
actual words
v.
surrounding context
© Linda Mealey-Lohmann 2011
Low Context   High Context
Communication

15. Low Context   High Context
Communication
Low Context Communicators
• Verbal communication
emphasized
• Direct / to the point
• Explicit, literal
meaning
• “Say what you mean &
mean what you say”
High Context Communicators
• Nonverbal
communication
emphasized
• Indirect
• Implied meaning
• Context provides
meaning

16. Low Context   High Context
Communication
Low Context Communicators
High Context Communicators
Expect Other to say
what they mean;
doesn’t look for
hidden meanings
Expect Other will
draw meaning from
full context of
conversation
May miss implied
meanings that Other
assumes will be
understood
May infer meaning
that Other does not
intend

17. Impact of Diversity on Perception
3 Concepts
1.
2.
3.

18. Selective Perception
Looking at same thing but
seeing it differently

19. Selective
Perception
Not seeing whole picture

20. Selective Perception
• Parties get stuck because they think:
“He’s lying, I’m telling the truth.”
“She’s to blame, I didn’t do anything wrong.”
• Parties get stuck because they think that if
they acknowledge someone has a different
perception, that means giving up a deeplyheld belief/value

21. Negative Attribution

22. Negative Attribution
• Parties get stuck because they don’t trust
the Other and “distort” Other’s intentions
• Parties read something negative into the
Other’s actions, regardless of the actual
intent

23. Reactive Devaluation

24. Reactive Devaluation
Parties in conflict devalue / reject a
proposal or idea simply because of who
proposed it
• Parties get stuck because no matter what one party
proposes for resolution, the Other Party rejects out of
hand
• Parties get stuck because they want the Mediator to
make a proposal

25. Scenarios – A Quick Quiz!
1. One party keeps talking over the top of the other
2. “Why don’t you stop beating around the bush and just tell it
like it is.”
3. One party seems to be reading something negative into
everything the other person is saying
4. “I just don’t feel like you are listening to me.”
5. One party seems to dismiss out of hand any suggestion by
the Other
6. One party says, “You’re lying, that’s not what happened!”
7. One party is very organized in their thinking and feels the
other is very unfocused, unprepared, “all over the place”

26. Mediation Roleplays
• Get into groups of 3
• Decide who will be Mediator & Parties
• Read Scenario
• Make up any needed facts consistent
with scenario
• Mediate for __ minutes

27. Debrief Roleplays
• What challenges did you experience?
• How did theory apply in practice?
• What mediator interventions worked?
• Parties: What would have been helpful?
• What surprised you about the mediation?
• Questions/ Takeaways

28. Additional Sources
Barriers in Mediation
• Korobkin, R. “Psychological Impediments to Mediation Success,” 21
Ohio St. J. on Disp. Resol. 281 (2006)
• Stone, D. et al., Difficult Conversations – How to Discuss What
Matters Most (1999)
Culture The Minnesota ADR
• LeBaron, Michelle, Conflict Across Cultures (2006)
• LeBaron, Michelle, “Culture-Based Negotiation Styles,” Beyond
Intractability (2003)
The Minnesota ADR Handbook: A Guide to
Mediation, Arbitration, and Other Processes for
Advocates and Neutrals, by Gary Weissman, Linda
Mealey-Lohmann, Leslie Sinner McEvoy (MN CLE
2011)