EEOCARTICLE
011
EEOC conciliation often requires employers to negotiate with
an inequity in knowledge regarding the material evidence
relevant to the charge. In normal litigation, disclosure
obligations and discovery result in both sides having a
relatively equal understanding of the relevant facts, so the
parties can engage in an independent evaluation of liability
and damages exposure. A settlement judge or private mediator
can supplement that evaluation with their own objective
analysis. Having the evidence out on the table – or at least
most of it – enhances the parti