Discrimination on the basis of sex, religion, family status, age, disability and other protected class characteristics is often illegal under employment, housing and other laws. When a private business is confronting allegations of discrimination, it is important that it considers cost-efficient alternatives to litigation like mediation. Here is what you can expect from this process.

Parties Involved
The parties or their representatives attend mediation. They may each have their own lawyer who represent their interests. An insurance representative may also be present. The mediation process is guided by the mediator, who is a third-party neutral who facilitates communication between the parties, explains the options available to them, helps them brainstorm solution and guides them toward an amicable settlement of the claim.

Where Mediation Is Conducted
Mediation is an informal process. Unlike litigation, it does not occur in a courtroom. It usually occurs in the mediator’s office or board room. Depending on the parties and the mediator’s style, the parties may be separated into separate caucuses where the mediator meets with each party one-on-one. The parties may also participate together during joint sessions.

The Process of Mediation
Mediation begins by the mediator giving a brief explanation of the mediation process and his or her role during it. The mediator describes that he or she has no authority to impose a judgment on the parties. Instead, he or she listens objectively to each side. The mediator may offer feedback during these exchanges, such as pointing out how similar decisions were decided in court pertaining to these issues. The mediator can also discuss statutory damages that the business may be responsible for if the court rules against it. The mediator may also exchange offers and counteroffers from the parties during these sessions. The mediator may also encourage the parties to brainstorm possible solutions. If the parties reach an agreement, the mediator draws up this written agreement and the parties sign it.