Employment mediation is an effective way to solve problems
in the workplace and provide an early resolution of a conflict before it causes
major disruption to the business. To get the most from this process, it is
important to have clear expectations about the process. Here is what you need
to know about mediation.

Purpose of Mediation

Mediation is a semi-formal process that involves legal and
practical issues. The process is voluntary and is an alternative to litigating
a case, which often brings about negative repercussions, such as inflated legal
costs and a long, drawn-out court battle. A successful mediation allows the
parties to resolve their legal issue and continue their employment
relationship, if desired.

Attendants at
Mediation

Typically, the parties involved at mediation are the
employee, the employer and the mediator. The mediator is a third party neutral
who helps the parties communicate more effectively and hopefully resolve their
dispute outside of the courtroom. If another party is involved in the work
problem, such as a manager or coworker, this person may also be at mediation.
Additionally, the parties may be represented by legal counsel, so their lawyers
may be present.

Length of Mediation
Sessions

Mediation sessions vary in length, depending on the
complexity of the legal issue and the dynamics between the parties. Some
mediation sessions may take three or four hours while others may last a full
day. Still others cannot be resolved within a day and may span over multiple
days.

Confidentiality of Mediation

The mediation process is confidential, so what you say
during this process cannot later be used against you. Because of this
attribute, the parties often feel more comfortable talking openly and honestly.
Additionally, the parties may communicate with each other directly during
mediation, which often helps the employee to feel like he or she is on a level
playing field with the employer.