When a discrimination complaint is filed, one of the first actions the Commission takes is to suggest mediation. This gives both parties a chance to share their concerns and find a satisfactory and mutual resolution.
A conflict in the workplace has a negative impact on productivity and morale and can be costly. Getting the issue out into the open through mediation is an efficient way to resolve disputes quickly and ensure that similar situations don’t occur in the future.
Other benefits to using mediation is that mediation is:
Confidential – The mediation process is private, confidential and off the record.
Impartial – The mediator is a neutral party whose goal is to facilitate mutual resolution.
Free – Mediation is provided at no cost to either party.
Everyone wins – Mediation is the best way to preserve or build a better working or parting relationship.
The Commission will provide a mediator with the primary goal of facilitating mutual resolution.
Mediation happens in one of three ways:
Mediation Conference – Both parties and authorized representatives are present.
Mediation Teleconference – Both parties and authorized representatives are present via telephone.
Individual Telephonic Exchanges –Mediator will coordinate and facilitate.
What happens next:
Negotiated Settlement Agreement- This written agreement must be mutually acceptable to both parties and is considered as binding and enforceable as any other written contract.
Impasse - An impasse occurs when either the mediator or either party decides that further mediation efforts are no longer productive or worthwhile. At this point, the Commission will conduct a thorough investigation.
Independent Settlement Agreement- At any time during the mediation process, the complainant may choose to withdraw the complaint and decide either not to pursue the action further or enter into an agreement on their own terms.
Ten reasons why mediation may be a better choice than litigation.
1. Mediation is free.
2. Mediation is fair and neutral.
3. Mediation is confidential.
4. Mediation improves communication.
5. Mediation saves time and money.
6. Mediation helps to uncover the real issues in your workplace.
7. Mediation avoids litigation.
8. Mediation leads to cooperation in the workplace.
9. Mediation lets you create your own solution.
10. Everyone wins