Yes that is true in most cases, but we are also seeing an increase in “mobbing” which is strategic harassment. The mobsters do not want to settle, so ADR is a waste of time.
For a mobbing incident, the best bet is an investigation by a 3rd party investigator, and then, once the key documentation is in place, an escalation to the Administrator and Deputy of the agency or department. There will be a final investigative report which can be used internally to determine whether a settlement or an EEOC hearing is in the best interest of the agency.
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