What is Mediation?

Mediation is a problem solving process.  It is a process designed to assist individuals in creating a mutually satisfactory resolution of their differences.  It is also effective in improving communications.  Mediation differs from litigation in that it is not designed to determine who is right or wrong.  In mediation, the parties work to create their own agreement with the assistance of the mediator.  Unlike litigation, where a judge imposes a decision, nothing is decided in mediation unless all parties agree to the terms.  Mediation is a confidential process to the extent the law allows.

What is a mediator?

A mediator is an unbiased, neutral third party who intervenes to assist parties in conflict.  A mediator is someone who is trained in mediation skills, and has no direct authority to impose a decision on the parties in conflict.

What is the mediation process?

Mediation is a multi-stage process designed to meet the needs of the participants.  It begins with introductions and mediator's opening statement.  Following the introductions, each participant is afforded an opportunity to state the issues in his/her own words and explain the personal impact.  Generally, the party who initiated mediation will make his/her remarks first.

After the initial statements are presented, the mediator may "caucus" with each party separately.  It is in the caucus that the parties may express other interests, needs and issues confidentially to the mediator.  The parties may then meet jointly, or they may have a second caucus.  The parties may then begin to develop options or steps they may each take to resolve the issues.  If the parties reach a mutually acceptable resolution, the agreement is generally reduced to writing and each party signs.  The agreement is then binding upon the parties.  Should the mediation not result in an agreement, the mediator reviews progress made and advises parties of options available through other processes.

How long will mediation take?

A workplace dispute may take anywhere from three hours to all day.  In some cases a second or third meeting might be necessary, especially if the dispute has a long history or involves multiple parties and multiple issues.

Why should I mediate?

• Mediation offers parties an opportunity to communicate directly in a non-threatening forum.
• Mediation offers a neutral setting to discuss issues.
• Emotional involvement in a conflict can cloud ones ability to think creatively and objectively; mediation can help parties move beyond the barriers created by these emotions.
• Mediation offers an opportunity for participants to face each other and tell each other how the conflict has affected them personally; how they feel, how they have been hurt.
• Mediation is timely, cost effective, and efficient.  Formal EEO processes are lengthy, expensive and often have an adverse affect on the relationship.