Questions And Answers About Mediation

What is mediation?

Mediation is a form of Alternative Dispute Resolution (ADR) that is offered as an alternative to the traditional litigation processes. Mediation is an informal process in which a trained mediator assists the parties to reach a negotiated resolution. The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

Who mediates?

Only mediators who are experienced and trained in mediation are assigned to mediate. We have a staff of trained mediators. We also contract with professional external mediators to mediate. All mediators, whether internal staff or external mediators, are neutral unbiased professionals with no stake in the outcome of the mediation process.

At what point in the administrative process will mediation take place?

Mediation will usually take place early in the process. Mediation prevents the hardening of positions that can occur during litigation.

Is the Mediation process confidential?

Yes. The mediator and the parties must sign agreements that they will keep everything that is revealed during the mediation confidential. The mediation sessions are not tape-recorded or transcribed. Notes taken during the mediation by the mediator are destroyed.

Who should attend a mediation session?

The charging party and a representative of the employer should attend the mediation session. The person representing the employer should be familiar with the facts of the charge and have the authority to settle on behalf of the employer.

Can the parties bring a lawyer or other representative to the mediation session?

Yes. While it is not necessary to have a lawyer or other representative in order to participate, either party may choose to do so. The mediator will decide what role the attorney or representative will play during the mediation. The mediator may ask that they provide advice and counsel, but not speak for a party. If a party plans to bring an attorney or other representative to the mediation session, he or she can discuss this with the mediator prior to the mediation session.

How long does the mediation process take?

Mediation is a very efficient process that saves time and money. Mediations usually last for approximately 3-4 hours. However, this may vary depending on the facts of each case. Successful mediations avoid a time consuming investigation and achieve a prompt resolution of the charge.

What happens if it is not resolved in mediation?

If it is not resolved during the mediation process, the case is referred to litigation.

What happens if a party does not comply with an agreement reached in mediation?

An agreement reached during mediation is enforceable in court just like any other settlement agreement.

Does mediation work?

Yes. Participants indicate a high degree of satisfaction with the program. It is a fair and efficient process that
can avoid a lengthy investigation and the possibility of unnecessary litigation.

Are most disputes resolved in mediation?

The mediation procedure achieves a 69% settlement rate.

Can information revealed during a mediation session be used during litigation if the case is not resolved during mediation session?

No. Since the entire mediation process is strictly confidential, information revealed during the mediation session cannot be disclosed to anyone. Therefore, it cannot be used during any subsequent litigation.

Do parties ever settle for nonmonetary benefits?

Yes, in almost half of the cases that are mediated, the settlement involves a non-monetary benefit. In approximately 13.5% of cases, the only benefit involved in settlement is non-monetary.

What are the benefits of mediation?

One of the biggest benefits of mediation is that it allows the parties to resolve the matters in dispute in a way that is mutually satisfactory to them and meets their needs. In addition, mediation is faster than the traditional investigative process. For instance, in 2003, mediated cases were resolved in an average of 85. The parties have nothing to lose by participating in mediation.