The JSH Reporter Summer 2015 | Page 11

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