Mediation

Mediation is familiar to most people as a means of resolving labormanagement and international disputes, but it also has been used to settle contract, interpersonal, human resource, and EEO conflicts. Mediation involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict.

The mediator meets with the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions. Each party is encouraged to be open and candid about his/her point of view. The mediator, as a neutral third party, can view the dispute objectively and assist the parties in considering alternatives and options that they might not have considered. The mediator is neutral in that he or she does not stand to personally benefit from the terms of the settlement, and is impartial in that he or she does not have a preconceived bias about how the conflict should be resolved. The mediation session is private and confidential..‍

Mediation is well suited for many conflicts because it is:

• ​Informal. The process is informal and flexible; attorneys are not necessary. There are no formal rules of evidence and no witnesses.
• Confidential. Mediation is a confidential process. The mediators will not disclose any information revealed during the mediation. The sessions are not tape-recorded or transcribed. At the conclusion of the mediation, mediators destroy any notes they took during the mediation session.
• ​​Quick and Inexpensive. When parties want to get on with their business and their lives, mediation is an option to consider. Mediation generally takes less time to complete, allowing for an earlier solution than is possible through investigation.

Moreover, mediation generally produces or promotes:

• Greater Degree of Party Control. Parties who negotiate their own settlements have more control over the outcome of their dispute. Parties have an equal say in the process. There is no determination of fault, but rather, the parties reach a mutually agreeable resolution to their conflict.
• Preservation of Relationships. Many disputes occur in the context of ongoing work relationships. Mediated settlements that address all parties’ interests often preserve working relationships in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a work relationship more amicable.
• Mutually Satisfactory Results. Parties are generally more satisfied with solutions that they have had a hand in creating, as opposed to solutions that are imposed by a third-party decisionmaker.
• Comprehensive and Customized Agreements. Mediated agreements often help resolve procedural and interpersonal issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation and attend to the fine details of implementation.
• A Foundation for Future Problem-Solving. After a mediation resolution, if a subsequent dispute occurs, parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.​

Mediation consists of these three distinct phases, including an introduction, problem-solving and closure phase.

The mediator sets ground rules while suggesting a schedule. The mediator also oversees meetings, giving each side the opportunity to state their perspectives and their preferred solutions to the conflict.

The parties discuss relevant issues, their interests and possible solutions. Each party is able to speak with the mediator in private to discuss its position.

Both parties state their terms for resolving the conflict before drafting a document detailing the terms of their commitments.