Many companies rely on conciliatory processes like mediation as the means of resolving workplace disputes. Here, the employee and supervisor or other management representative meet in person with a mediator who is neutral to the dispute. The mediator helps and suggests compromise. He or she does everything reasonable to persuade the parties to reach an agreement. Unless both parties agree, there is no resolution.
Mediation often works best if both sides have something to gain or lose if it fails.
It is often used as a step in an adjudicatory appeal system where if no agreement is reached, a decision will be imposed or where the claim is something that could be litigated. Especially when an employee complaint involves a statutory right, a mediator may involve an expert who is neutral to the issue but who can advise both sides about how the issue is most likely to fare at an agency or court. Because mediation does not preclude subsequent litigation if the parties fail to agree, its use is usually supported and encouraged by regulatory agencies. Traditional workplace dispute resolution procedures are adjudicatory processes found in collective bargaining agreements. A formal complaint is lodged with an employee's supervisor or department manager.