Mediation: Alternative to a Lawsuit

People seem to think that if they have a problem, whether it is at work or a personal dispute, that the only solution is to sue. But suing a person or a company can be a long and tedious process, sometimes, it can be a total waste of time and money especially if a complainant’s claim lacked merit.

But what can a person do aside from filing a lawsuit? Fortunately, not all conflicts or employment complaints should end up in a long-winded and expensive litigation. Some cases could be easily resolved with mediation.

What is Mediation?

Mediation is a form of Alternative Dispute Resolution (ADR) that is offered as an alternative to the traditional investigative or litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution or agreement.

This provides the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions.

Who is involved in mediation?

The disputes may involve as parties any government state, company, organization, communities, individuals or other representatives with a vested interest in the outcome. A third-party who is impartial, is called the mediator. The decision to mediate is completely voluntary for the charging party and defendant.

Under what circumstances can mediation be used?

Disputes involving the following issues:

• Contracts
• Medical Malpractice
• Personal Injury
• Partnerships
• Landlord/tenant
• Homeowners' associations
• Builders/contractors/realtors/homeowners
• Faith communities

Workplace:

• Wrongful Termination
• Discrimination
• Harassment
• Grievances
• Labor management

Family:

• Prenuptial/Premarital agreements
• Financial or budget disagreements
• Separation
• Divorce
• Financial distribution and spousal support
• Parenting plans (child custody and visitation)
• Eldercare issues
• Family businesses
• Estate disputes
• Medical ethics and end-of-life issues

Who decides in mediation?

The mediator only helps the parties to agree on a mutually acceptable resolution but he does not render any decision. Unlike a court hearing with a judge or a jury, it is the parties themselves who determine the conditions of any settlements reached rather than accepting something imposed by a third party.

What are the advantages of mediation?

According to the Equal Employment Opportunity Commission, a government agency who offers mediation as part of its services and assistance to American employees, here are the advantages of resorting to mediation instead of litigation:

• It’s fair and neutral. Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.
• It saves time and money. Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.
• It’s confidential. All parties sign a confidentiality agreement.
• It avoids litigation. Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.
• It fosters cooperation. Mediation fosters a problem solving approach to complaints and workplace disruptions are reduced.
• It improves communication. Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.
• It discovers the real issues in your workplace. Parties share information, which can lead to a better understanding of issues affecting the workplace.