| Like arbitration, mediation can occur in both employment and labor-management settings. Unlike arbitrators, mediators have no power to decide issues or affect any rights or outcomes. Mediation is voluntary; nothing happens without parties' agreement – no process and no settlement. Mediation is confidential; everything that's said or done (short of a crime) that’s not otherwise discoverable can be used as evidence in any other proceeding. And the mediator won’t divulge anything to the other side that was told in confidence without asking for and receiving your express permission to do so. And, unlike litigation, which is a crap-shoot and which will result in a win or a loss, successful mediation produces an absolute, certain, and enforceable outcome. Mediation can occur before or during litigation and can include any or all of the following services: convening and conducting meetings among parties to identify and address issues that may require consideration or action to expedite, simplify, or settle the dispute; assisting parties to achieve stipulations of fact, evidence, or procedures; proposing alternative dispute resolution procedures that might help simplify or resolve issues; and any other impartial activity that may expedite or simplify case preparation or advance voluntary resolution of any or all issues. Although "win-win" outcomes are desirable and can occur, the likely result of successful mediation is "can live with–can live with," a mutually-acceptable level of dissatisfaction. |