Mediation is an effective way of handling disputes that arise in the workplace. Mediation is much more likely to yield effective results when the following characteristics are embraced:

Flexibility

While it is important to consider the strength of your case and what you would be happy settling the case for, flexibility is a key to success in mediation. You need to be willing to rethink your previous beliefs about your position as you receive more information in your case. Consider how a jury might evaluate the evidence that you have been presented with during mediation. A mediator can provide an objective framework in which you can reevaluate your case.

Creativity

One of the most important characteristics of a good mediation is creativity. The parties are not stuck with the typical win-lose scenario that litigation often entails. Many employment disputes are resolved without consideration of financial awards. For example, the parties may agree to a creative solution like making the employee in a discrimination case against an employer a leader of a new workplace committee. The parties may agree that a different assignment may be better for both of them. They may look for new opportunities to reach agreement.

Patience

Mediation can be a tiring experience, so it is important that both parties have patience so that they can reap the meaningful benefits that this provides. It may take time for one side to shift from their position or to make a meaningful jump in relation to a monetary settlement. However, if the parties can reach an agreement in mediation, they may save themselves months or even years that would be wasted in litigation. It is often well worth the wait for the parties to wait patiently during the mediation process so that the matter can ultimately be resolved.