The court-ordered mediation followed nearly three weeks of testimony from witnesses including the domestic diva herself, Penney CEO Ron Johnson and Macy's CEO Terry Lundgren.
The evidence the Winklevosses asked the lower court to consider would have been admissible even though made in the course of a mediation if the parties had not entered into a written agreement to the contrary.
Aside from the more streamlined investigation procedures the EEOC regulations provide, as compared with broad discovery procedures in federal court litigation, the EEOC has a very effective mediation program that often results in early resolution of charges even before the parties go through a full investigation.