Mediation

Preserving relationships...
the objective of mediation – as we perceive it

Mediation is a conversation. It gives the offended employee the opportunity to discuss the offensive behavior with the individual who is perceived to be responsible for it. This discussion occurs in the presence of a trained mediator who does not know the parties and has no vested interest in the outcome of the discussion.

Mediation is versatile in application. It is not limited to disputes alleging illegal discrimination. Sometimes employees allege discrimination because it’s the only complaint process available to them. Mediation provides a viable alternative. The mediator supports the efforts of both parties to share their insights about the cause of the dispute and their attempts to get a better understanding of the other’s perspective. The mediator also assists the parties in considering alternatives for resolving the dispute and repairing their relationship.

Learn more about the benefits of mediation

Arbitration

When the parties agree to final and binding arbitration, they are agreeing to participate in a dispute resolution process that is somewhat more formal than mediation but less formal that a court hearing. Both parties are usually represented by experienced advocates who will make arguments based on the contractual and/or the legal rights of the party they represent. The parties may elect to submit pre-hearing briefs to the arbitrator to frame the issues and outline their arguments. Documents may be submitted to the arbitrator for review in advance of the process. The hearing process includes the introduction of evidence and the testimony of witnesses. The arbitrator is guided by rules of evidence which are applied to give more or less weight to the arguments of the parties. The parties entrust the arbitrator to listen to the arguments and rebuttal testimony of both parties and then, after reviewing all of the evidence, to issue a written finding that disposes of each of the issues in dispute. Regardless of whether the parties agree with the arbitrator’s decision, it is final and binding on both parties and subject to appeal in the courts only if one of the parties has substantial evidence to support a claim that the arbitrator exceeded his/her authority in rendering the decision or rendered a decision that alters the parties’ contract in a significant way.