The Projected Outcomes of Discrimination Mediation
There are many root causes of racial conflict, and despite the advances made in our country, we still have a long way to go to fix the problem of racial discrimination. Everyone is affected, whether directly or indirectly, and the issue is widespread in employment hiring, firing and disciplinary procedures. For this reason, discrimination mediation is an option for alternative conflict resolution that uses the assistance of an impartial, third-party mediator.
Discrimination mediation has been used in a wide range of situations to resolve conflict that could otherwise lead to litigation. Mediation has shown to be a successful form of conflict resolution for a wide range of discrimination-related disputes due to its ability to assist with communication and bias—factors that are often at the core of discriminatory sentiments and assumptions.
While mediation has been highly successful in a large number of discrimination disputes, it is not a “one size fits all” method of resolution. Some situations are better suited for other legal remedies, especially those involving sexual harassment and /or situations in which one party feels threatened or intimidated by the other. When these elements are present, arbitration or litigation might be the best course of action—particularly if the vulnerable party suffers anxiety in being in the same room as the alleged perpetrator.
In most other discrimination-related disputes, however, mediation can be an inexpensive and effective way to reach a resolution quickly. This is because discrimination mediation:
• Assists the parties in identifying the real issues at hand;
• Provides both disputants with the opportunity to retract comments, clarify misunderstandings or misperceptions, and apologize for any damage their actions might have caused;
• Provides both parties with a clear understanding of the emotional and financial toll of their dispute;
• Often leads to significant behavioral changes;
• Often produces more positive, productive working relationships; and
• Assists in the resolution of conflicts that can destroy businesses, undermine productivity and ruin reputations.