Mediation

Mediation

1. Advantages

   • Mediation allows direct communication and interaction between parties. Many cases using mediation are resolved with only one meeting with mediator.
   • Confidential
     • The mediation process is completely confidential. All parties involved sign a confidentiality agreement."The information brought forward in this process will not be revealed to anyone. including EEOC investigative or legal staff"(www.eeoc.gov).
   • Saves time and Money
     • The option of using mediation usually occurs after one party brings allegations against an individual or organization. Mediation happens when both parties agree to the use of a neutral third party. It is not necessary to have legal representation attend these meeting. Also, it much less costly (time and money) than proceeding with litigation.
   • Fair and Neutral
     • One advantage of using the mediation process is that it is fair and free of cost to either party. In addition, "Parties have an equal say in the process and they , not the mediator, decide the terms of the settlement" (www.eeoc.gov). The purpose of the mediation process is not to determine guilt or innocence of either party.

2. Disadvantages

   • In most cases mediation is an effective way to solve conflicts in the workplace, however there are some cases that may be too complex to use mediation.
   • Complex cases
     • Some cases that need to establish  a legal precedent or complex issue may not be suitable for mediation.
   • Court enforcement
     • The mediation process is voluntary and a non-binding process. Which means accepting the the mediation does not limit your rights to pursue further legal action.
   • Unwillingness to Negotiate
     • Mediation only works if both parties are willing to compromise and will not work if they will not negotiate or settle on particular issues.

3. Mediator

   • A mediator assists and guides the parties involved toward a resolution. "The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.."(FINRA.org). Mediators have experience in handling all types of situations and problems that may arise during the mediation process. Some traits that are important for a mediator to possess include; Trustworthiness- the parties involved want to feel comfortable in expressing confidential information about their dispute. Knowegable is also a quality important in mediation. Including being respectful and also empathetic to the parties involved. You must be impartial and well as well as perceptive to underlying issues that may impast the ability for parties to come to a resolution.

4. Arbitration

   • Arbitration is the process of bringing a dispute before a third party for resolution. This type of ADR avoids litigation and a lengthy and more expensive court case.
   • Advantages
     • Expense
       • Less expensive than litigation.
     • Private
       • If parties agree to proceedings being private then it will be kept confidential.
     • Faster resolution
       • Most cases that go to arbitration are usually resolved within 12 months of the case being filed. 
   • Disadvantages
     • Binding
       • If the arbitration is binding, both parties give up their right to appeal the decision.
     • Cross examination
       • If evidence is presented from witnesses in the case, you may lose the ability to cross examine them.
     • Expense
       • More expensive than mediation. The cost of a Arbitrator is paid daily and makes decision after hearing both sides of the case. It can get more expensive if travel is involved
   • Arbitrator
     • The arbitrator is a neutral third party who makes decisions on disputes between parties. Unlike a mediator, an arbitrator is paid by both parties and rules on the case. This can be done by hearing presentations, or just information and documents submitted by both parties. It is important for the arbitrator to be fair, impartial, excellent communicator, and reasoning skills are necessary qualities for an arbitrator to possess.