Category: Dispute Resolution

Mediation | Information

Posted on by Admin

Facts About Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) that is offered as an alternative to the traditional investigative or litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into solutions. A mediator does not impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution.

Advantages of Mediation

FAIR AND NEUTRAL

  • Parties have an equal say in the process and decide settlement terms, not the mediator.  There is no determination of guilt or innocence in the process.

SAVES TIME AND MONEY

  • Mediation usually occurs early in the charge process, and many mediations are completed in one meeting.  Legal or other representation is optional but not required.

CONFIDENTIAL

  • All parties sign an agreement of confidentiality.  Information disclosed during mediation will not be revealed to anyone.

AVOIDS LITIGATION

  • Lengthy litigation CAN be avoided.  Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.

IMPROVES COMMUNICATIONS

  • Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute.

DISCOVER THE REAL ISSUES IN YOUR WORKPLACE

  • Parties share information, which can lead to a better understanding.

DESIGN YOUR OWN SOLUTION

  • A neutral third party assists the parties in the reaching a voluntary, mutually beneficial resolution.  Mediation can resolve all issues important to the parties, not just the underlying legal dispute.

EVERYONE WINS

  • An independent survey showed 96% of all respondents and 91% of all charging parties who used mediation would use it again if offered.