ADR Mediation: Frequently Asked Questions
- What is mediation?
- Why is mediation so popular?
- When can you use mediation?
- When is mediation not appropriate?
- How does mediation work?
- What does the mediator do?
- Is there ever more than one mediator involved?
- Will I lose any rights?
- Who pays for mediation?
- What is my role as a participant in mediation?
- How can I prepare for mediation?
- How can I request mediation?
Mediation is a process that involves a mediator, i.e., a neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.
Mediation has many qualities that make it appealing. In most cases, mediation is:
- conciliatory
- fair
- quick
- inexpensive
- voluntary
- confidential
Mediation also has several key benefits. It promotes:
- greater participant control
- customized agreements
- workable decisions
- mutually satisfactory outcomes
- improved relationships
- high rates of compliance
- decisions that hold up over time
Mediation can be used in many different contexts. FEMA promotes the use of mediation to resolve both internal/workplace disputes and external/program conflicts. Mediation can help resolve disputes between two or more people, or even between multiple groups or entire organizations. It is most likely to succeed when the parties have an ongoing relationship and an interest in resolving the dispute.
When is mediation not appropriate?
Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where:
- A definitive or authoritative resolution of the matter is required;
- The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made;
- Maintaining established policies that apply to many people is especially important;
- The matter significantly affects persons or groups who are not parties to the process;
- A full public record of the proceeding is important; or
- The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.
If you are unsure whether mediation is appropriate in your case, you can contact FEMA's ADR Specialist for advice.
Participants or observers may refer potential cases to the ADR Office. If all involved agree that mediation is appropriate, the parties and the ADR Specialist will set up reasonable time-frames for completing the mediation. The ADR Specialist will assist with obtaining an acceptable mediator.
A mediation involves four stages, which together may take as little as an hour and often take less than one day:
- Introduction
- Discussion of issues
- Development of options
- Agreement writing
In the mediation session, the parties discuss the dispute with the assistance of the mediator. In most cases, the parties and the mediator (or co-mediator) are the only people present, although parties may choose to have a representative with them.
The mediator assists the parties in their negotiations by facilitating communication and by helping them identify and overcome obstacles to settlement. The mediator does not render a decision and has no power to force a settlement.
Is there ever more than one mediator involved?
Yes. Oftentimes two neutrals will co-mediate. In those cases, the mediators work together to share the responsibilities involved in helping parties resolve their dispute.
Trying mediation typically does not prevent you from pursuing formal grievance or complaint avenues in the event that an agreement is not reached. However, those other avenues may have deadlines that are unaffected by attempts to use mediation. Please contact the ADR Specialist for more information.
The ADR Office offers many no-cost options. If there are expenses tied to the mediation, these are always clarified and agreed upon in advance.
What is my role as a participant in mediation?
Your role in mediation is to negotiate with the other party in good faith. To improve the chances of success, consider the following:
- Look at the other party when speaking to them, and acknowledge that you have heard what they have to say.
- Listen calmly to the other party, even if you disagree.
- Keep your participation professional and cordial.
- Show empathy for the other person.
- Look for ways to improve communication.
- Demonstrate a commitment to fairness and to resolution of the issue.
How can I prepare for mediation?
To help prepare for mediation, it is useful to consider the following:
- What are your interests? What is it that you really want or need?
- What do you think the other party wants or needs?
- What is it realistic to ask for?
- What creative options might satisfy both your needs and theirs?
- What are your alternatives to settling the dispute in mediation? What is the best and most realistic alternative? What are the likely costs?
- Compare your best, most realistic alternative against what is offered.
- If you cannot get everything you want, think about what you can live with in order to resolve the situation now.
FEMA's ADR Specialist will discuss your situation with you and answer any questions that you may have.
Cindy Mazur
ADR Specialist, FEMA
500 C Street, SW
Washington, DC 20472
Phone (202) 646-4094
Fax (202) 646-3967
cindy.mazur@dhs.gov
www.fema.gov/help/adr/
Last Modified: Wednesday, 13-Jun-2007 15:42:24 EDT