Facts about mediation
Facts About Mediation
Mediation is a form of Alternative Dispute Resolution (ADR) that is offered as an alternative to the traditional litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary resolution. The decision to mediate is completely voluntary. 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 resolutions. A mediator does not resolve or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone.
How Mediation Works
If both parties agree, a mediation session conducted by a trained and experienced mediator is scheduled. While it is not necessary to have a lawyer in order to participate, either party may choose to do so. It is important that persons attending the mediation session have the authority to resolve the dispute.
Advantages of Mediation...
Avoids Litigation
Lengthy litigation CAN be avoided. Mediation costs less than a court hearing and avoids the uncertainty of judicial outcome.
Fosters Cooperation
Mediation fosters a problem solving approach to complaints and workplace disruptions are reduced.
Confidential
All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone.
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.
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.
Improves Communication
Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions. Discover the Real Issues in your Workplace
Parties share information, which can lead to a better understanding of issues affecting the workplace.
Design your own Solution
A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute.
Inexpensive
Mediation is available at reduced cost to the parties.
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.
