Workplace Disputes
Mediation is a confidential process where a neutral third party, the mediator, helps parties resolve conflict. All parties to the mediation sign a mediation agreement which includes a confidentiality statement where the participants agree what is said during mediation will not be told to anyone else. Mediation helps employers and employees resolve disputes and negotiate agreements. Mediation is voluntary. Mediation helps reduce workplace disputes, maintains, and sometimes even repairs relationships. Mediation allows the parties to gain a better understanding of workplace issues. Whereas, litigation usually drives the final nail in the coffin of a relationship.
The mediator is neutral, does not judge which party's argument or point of view is stronger, or who is guilty or innocent. The mediator helps the parties discuss any misunderstandings, issues in conflict, areas of agreement, underlying concerns, and assists the parties to negotiate a resolution.The mediator is not a decision maker nor does the mediator have authority to enforce the terms of the parties' negotiated agreement.
All parties necessary to settle the dispute should be present at the mediation. It is not, however, necessary for the parties to have attorneys present at the mediation. The parties have an equal opportunity to speak and decide the terms of settlement. However, in my Maryland mediation practice, I suggest all parties, prior to signing, have the final draft of their negotiated agreement reviewed by independent counsel.
Mediation, especially when pursued soon after a conflict arises saves time and the cost of prolonged litigation. Employment mediation allows the parties to settle the conflict in one session. Additionally, mediation gives the parties the certainty of creating their own negotiated agreement as opposed to an Order issued by a judge. Generally, parties that mediate are more satisfied with the outcome than those who leave their fate to a judge's decision.
