Mediation Fact Sheet

**What is Mediation?**

![](media/image1.wmf)Mediation, an Alternative Dispute Resolution (ADR)
process, is now available to employees for early resolution of workplace
disputes. Mediation is a problem solving process that focuses on the
future. It is a process designed to assist individuals experiencing
conflict with creating a mutually satisfactory resolution of their
differences. It is also effective in improving communications and
building relationships. Mediation is the most popular technique for
resolving workplace conflicts and just one of the Alternative Dispute
Resolution (ADR) methods used to achieve consensual resolution of
disputes. While mediation is offered as an early intervention process to
resolve workplace concerns that do not fall within parameters of the
Grievance and the Equal Employment Opportunity (EEO) complaint process,
mediation may be offered within these processes as well. 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 allowable by law.

What is a Mediator?

A Mediator is an unbiased, neutral third party who assists parties in
resolving their conflict. A mediator is someone who is trained in
resolving disputes and has no direct authority to impose a decision on
the parties in conflict.

What is the Process?

Mediation is a multi-stage process designed to meet the needs of the
participants. It begins with introductions and the mediator's opening
statement that explains the mediation process. 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 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 review progress and
advise parties of options available through other processes.

How Long Will I Be In Mediation?

A workplace dispute may take anywhere form 3 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.

What About My Rights?

By agreeing to mediate, you do not give up your right to file a formal
complaint or grievance. If mediation does not result in a mutual
agreement, you may pursue more formal avenues to resolve your issue.

Why Should I Mediate?

-   Mediation offers parties an opportunity to communicate directly in a
    non-threatening forum.

-   Mediation offers a private place available 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 can be healing; it 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 brief, cost effective, and efficient. Formal processes
    are lengthy, expensive, and often have an adverse affect on the
    relationship.