I was all set to write this week about the EEOC's new Strategic Plan for 2012-16, but it was so darned vague, I'm not sure what I can meaningfully say about it. (In Roget's Thesaurus, or maybe it was The Devil's Dictionary, somebody said "strategic" was a synonym for "so indefinite that you can easily take the credit for achieving your goals, and no one will be the wiser if you failed. See also 'win-win.'")*

*I made this up.

As far as I can tell, the EEOC plans to concentrate more on systemic discrimination, to be more aggressive in enforcement, and to "make examples" of employers. By 2016. I think.

In short, no more Mr. Nice Guy. There you go.

Of course, if it's true that the EEOC plans to crack down on employers, that means employers may be looking even harder than they already are for ways to avoid litigation. Fellow blogger and worthy adversary Donna Ballman had a great post recently about "marathon mediations" and why they are bad for employees. I especially liked a comment that she received from an employer's lawyer. But I agree with many of Donna's points, too.

Her post inspired me to provide five tips for employers who want to have a successful mediation. Unlike the EEOC's Strategic Plan for 2012-16, these will be delightfully simple and crystal-clear.

DISCLAIMER: The following is coming from my mediation experience in the school of hard knocks. I am not a mediator, but I've represented a lot of clients in mediations, and I know a lot of mediators. ("Oh, you've worked in television? No, but I watch a lot of it.")

1. Use the EEOC's mediation program if you can. I think I've busted on the EEOC enough for one day, don't you? As my regular readers know, I am actually a big fan of their mediation program. Mediation at the EEOC stage (as opposed to after litigation) has a number of advantages for employers...

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