1. What is mediation?
Mediation is an
inexpensive, efficient way to resolve disputes. In contrast to
courtroom litigation, which can be very expensive, drag on for
years, and is by its very nature adversarial, mediation is a
voluntary, conciliatory process. Typically, an employment mediation
will take several hours to a day to resolve. The parties meet with
mediators in a casual setting. The mediators use their skill in
facilitating resolutions, as well as their substantive knowledge of
employment law and workplace issues, to help the parties reach a
mutually agreed-upon resolution.
2. Why should I
consider mediation?
Because it works! Most of the cases
that go to mediation end up in settlement and
resolution.
3. How does mediation relate to
ADR?
Alternative Dispute Resolution (ADR) is any form of
dispute resolution process which is an alternative to formal
litigation and the adversarial process. It includes arbitration,
early neutral evaluation, multi-door courthouse, as well as
mediation.
4. What's the difference between Mediation
and Arbitration?
In arbitration, the arbitrator makes the
decisions in the case. In mediation, the mediator facilitates the
process, the parties keep control of the outcomes.
5.
How successful is mediation of employment
disputes?
Statistics have shown that more than 80% of
employment cases that go to mediation are
successful.
6. Who uses employment
mediation?
Corporations, federal, state and local
government agencies, non-profit organizations, educational
institutions, labor organizations, and any Human Resource department
which is confronted with a conflict in the workplace. In short, all
organizations and/or individuals who are involved in any type of
Equal Employment Opportunity complaint or other employment
dispute.
7. Will the other side consider willingness
to mediate to be a sign of weakness?
No. The fact that
you are willing to mediate shows nothing more than common sense. You
are under no obligation to agree to anything in a mediation -
the parties control the outcome.
8. How much does
mediation cost?
It costs $250 an hour. There is a $250
registration fee, payable prior to the mediation, which is applied
to the fee if the parties go through with the
mediation.
9. How long does mediation
last?
A typical mediation lasts about half a day.
However, some mediations are concluded within a few hours, whereas
others may take several days. The length of the mediation depends
upon the complexity of the dispute and the willingness and readiness
of the parties to resolve their disputes.
10. What
happens if mediation is not successful?
If the mediation
is not successful, the parties are free to take whatever course of
action they believe is appropriate to resolve the dispute. Such
actions may include litigation, arbitration, or other means of
resolving workplace issues.
11. Is a mediation
confidential?
Participants and mediators sign a
confidentiality agreement at the beginning of the mediation. The
parties agree that they will not call the mediators as witnesses in
a later proceeding and cannot subpoena the mediators' records.
Further, the parties agree that all matters discussed during the
mediation sessions are confidential, unless otherwise discoverable,
and cannot be used as evidence in any subsequent judicial or
administrative proceeding without mutual consent.
12.
What makes Mediation Matters unique?
We use a team of
mediators who are diverse in age, ethnicity, and gender. Resolutions
are easier to achieve when the resources of different professions
and different perspectives are brought to the table, allowing us to
better understand the point of disagreement. Drawing upon their
professional backgrounds, our co - mediation teams bring a better
understanding to the resolution process.
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