It is a formal process replete with esoteric points of law and extensive testimony of witnesses. This can be a trying, if not traumatic, experience particularly when a witness is subjected to cross examination. Mediation, on the other hand, affords through its informality an opportunity for all those affected by the dispute to be involved in the outcome in an atmosphere that is safe and conducive to open discussion. As a general rule mediation is less time consuming than adjudication. Most mediation sessions take one day, whereas the adjudication of discipline or complex contract interpretation cases can take several days and, occasionally, weeks of hearing.
Consequently mediation entails fewer days away from the workplace.
Mediation is not a panacea. It is not a solution for all workplace disputes. While mediation has positive results in most cases, mediation is not appropriate for all grievances. Adjudication rather than mediation is the appropriate forum for these types of disputes. Mediation, to be effective, relies on the willingness of the parties to make an effort to resolve their dispute.