Mediating Employment Discrimination Disputes

Mediation is a process for resolving disputes on a voluntary basis in a relatively confidential and informal setting. Mediation helps parties resolve their disputes without the cost and effort commensurate with litigation saving both resources and time. The mediator is a facilitator, evaluator and a neutral third party who works with all sides to make communications easier so that the parties can effectively discuss and resolve their disputes on terms acceptable to all of them. Each party has a full and fair opportunity to discuss their positions and to more fully appreciate their positions and the position of the others. A mediator customarily asks numerous questions to gain a better understanding of the dispute and the positions of the parties. Once each side has had the opportunity to speak, the mediator will meet separately with each party to privately examine the basic interests of those parties. Therefore, it is customary for the mediator to engage in “shuttle diplomacy” and to go from caucus room to caucus room meeting with the parties privately in order to find common interests and to help construct a mutually acceptable resolution...