DiscoverThe Legal Podcast NetworkWhat Really Happens During an EEO Mediation: Behind Closed Doors
What Really Happens During an EEO Mediation: Behind Closed Doors

What Really Happens During an EEO Mediation: Behind Closed Doors

Update: 2025-12-16
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Episode Summary:  


In this episode, Eric Pines pulls back the curtain on EEO mediation, revealing the confidential dynamics that lead to resolution. He explains preparation (legal framing + emotional catharsis), the critical role of tone and demeanor, agency tactics like limited authority, and how counsel negotiates effectively. Eric shares a recurring success story where mediation secures non-disciplinary removal, disability retirement support, and attorney fees—creating a true win-win without litigation.  


Key Timestamps:  


00:01 - Show Introduction  


00:30 - EEO Mediation Overview (Post-Filing Resolution Path)  


01:30 - Preparation: Legal Elements + Personal Story  


03:00 - Tone & Demer (Honey vs. Vinegar Strategy)  


04:30 - Agency Tactics: Limited Authority & Token Offers  


05:30 - Watch For: Confirm Settlement Authority Early  


06:30 - Counsel’s Edge: Negotiation Experience & Perspective-Taking  


08:00 - Full vs. Partial Resolutions (Complete Release Standard)  


09:00 - If Mediation Fails: Resume Litigation (Confidentiality Rules)  


10:30 - Success Example: Non-Disciplinary Removal + Disability Support  


12:30 - Bruner Presumption & Form 3112 Guidance  


13:30 - Win-Win Outcomes (Agency FTE + Employee Security)  


14:30 - Closing & Call to Action  


About the Show:  


"Empowering Workers" delivers clear, actionable guidance on federal employee disability retirement, employment rights, and Social Security Disability. Eric Pines, a nationally recognized federal employment lawyer and former in-house counsel for over 50,000 federal workers, helps listeners navigate complex benefits with confidence and clarity. 

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What Really Happens During an EEO Mediation: Behind Closed Doors

What Really Happens During an EEO Mediation: Behind Closed Doors

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