As more industries realize the benefits of mediation, this litigation alternative is becoming increasingly popular and utilized in more sectors, including in cable TV disputes. This method employs a third-party neutral to help the parties identify their interests and negotiate an amicable agreement so that costly litigation can be avoided.
Mediation can be used to resolve a variety of disputes. It can be used to resolve employment disputes or problems with unions, such as disparate pay, discrimination, unfair wage issues and more. It can also be used to resolve problems between partners and multiple service providers. These issues may involve the loss of access to local content or other services or to retrains agreements. Mediation can be used to resolve customer disputes regarding their bills or the content that is not available to them. It is also sometimes used between competitors who claim unfair competition.
During mediation, the parties begin with opening statements that lay out their positions and why they believe the conflict exists. The mediator may then separate the parties into different rooms and shuttle back and forth between the parties to gather additional information. The mediator also solicits offers and counter-offers between the parties to try to get them to resolve the case in an amicable fashion.
The mediator may share information during these individual sessions with the parties that give them a more realistic perspective about their case. He or she can discuss how previous litigated cases were ultimately resolved and the weaknesses that may exist in their particular case. He or she can also cite the benefits of reaching a settlement, such as ending a strike or improving customer satisfaction.
If the parties reach an agreement, it is put in writing and signed by the parties. This is treated as a stand-alone contract between the parties that can be enforced.