Source: (2012) Ohio State Journal on Dispute Resolution. 27:241-271.

The current mechanisms of obtaining statutory relief in federal discrimination suits are unsatisfactory for employees. The traditional method of judicial enforcement causes an employee to endure significant time and monetary expense to resolve the complaint. Although the number of employment actions filed in federal court continues to increase, the number of cases that proceed to trial has consistently decreased in that same period. Growing numbers of employees are not able to obtain relief after a federal pleading. Therefore,with significant problems in judicial relief remedies for employment discrimination cases, it is important for employees to have other effective mechanisms for enforcing their statutory rights. “Norm advocating” mediation is the forum that best addresses the specific issues in employment discrimination disputes. (excerpt)