In August 2011, Carolinas Healthcare System agreed to mediation, and it took about ten days to settle on a mediation date. Yet, that date was cancelled by either the U.S. EEOC ADR Mediator or CHS. I am uncertain of which entity made the final call, but below is the dialogue that I had with the Alternative Dispute Resolution Mediator from the EEOC office via phone call.
***Beginnning of notes***
When asked who I was bringing, I said "my Mom and Dad." The ADR Mediator immediately asked me "Ms. Blocker, How old are you?" I was speechless and offended. I told her age 40, almost 41 and that I did not know how to take that question. She stated that most people unless they are younger bring someone with a more objective opinion. I told her that I was told that I could not bring other Carolinas Healthcare System employees. I also did not want to ask anyone to take off from their job considering that based on the legal advice received that I would not be able to reach a settlement offer that was satisfactory to me.
She then asked me what (amount) that I was looking for. I told her six figures based on the fact that each of my open EEOC charges had a 300K cap on them. She stated that because I did not have a six figure salary that my settlement would not be six figures. I told her that if Carolinas Healthcare System wanted to settle this case without further investigation, it would cost them six figures or a position with full benefits plus one year backpay. If I don't get either of those things, then "no deal."
She states that the attorneys have told you and I have told you that your case is not worth six figures, but you feel that you know more than we do despite the fact that we have more experience with these types of cases.
I told her that I will have the charges investigated before I settle for less. She states that she may cancel the mediation. She has to call the other party (CHS Attorney). She says that it would look good on her befhalf if she was to win a six figure settlement. She also stated that they (Carolinas Healthcare System) must have really upset you. She will call the other party (CHS) and let me know if the mediation is going to hold.
She emailed me later that the mediation was cancelled and my EEOC charges were sent to the EEOC Enforcement/Investigations department.
***End of notes***
It has been suggested recently to me that the mediation should have been held to begin dialogue between the two parties. (CHS and I)
What do you think?
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