Mediation is an opportunity for the parties to work together with the assistance of a neutral third-party to develop their own resolution of the dispute. The parties remain responsible for designing their own solution. The mediator(s) does not make a binding decision for the parties, but seeks to assist the parties in reaching a mutually agreeable resolution of the dispute.
The mediation process may save time and money and reduce the amount of stressful workplace conflict. In mediation, the parties can usually resolve their disputes more effectively and conveniently than through litigation.
Mediation is not a legal process and therefore does not generally require the presence of legal counsel. However, and under unique circumstances, participants may bring a representative, a colleague or an attorney if the mediator believe it is in the best interests of all involved.
The Mediator’s Role
A mediator is impartial and independent and does not have any personal interest in the potential outcome. The mediator’s role is to create a confidential, safe environment that encourages all parties to participate in a problem-solving process.
A mediator is not a judge and does not determine the outcome of the dispute or make decisions like a judge or an arbitrator would. A mediator and the mediation process allow the parties to be heard in a respectful, non-judgmental way and assists them in reaching their own solution.