subject: Mediation Process: Resolving Dispute Between Employers And Workers [print this page] Employment mediation is an alternative way to resolve a dispute between employers and workers. According to lawyers, most companies prefer the mediation process compared to a lawsuit which usually can drag for years and is considered to be expensive.
Mediation can resolve these kinds of employment disputes:
A worker is accused of breaching his contract.
A secretary alleges that her superior is sexually harassing her.
A factory worker alleges that he was wrongfully discharged by his employer.
A manager is accused of committing discriminatory acts against a particular ethnic group.
Requirements to make the mediation legal and valid
Employers who want to use mediation to resolve employment disputes should make sure that their workers explicitly agree to this process. Ideally, companies should include in the employment contract the provisions of mediation process which must be signed by workers.
The mediation is not considered legal if only the employers will hire the mediator; employers and workers should mutually agree on who will serve as their mediator (e.g. business consultant, retired judge, practicing lawyer).
While a mediator can help workers and employers to reach an agreement, he has no legal authority to make certain decisions.
According to the US Equal Employment Opportunity Commission (EEOC), mediators can only assist the involved parties to resolve a certain issue, but not make decisions for them.
Advantages of mediation process
In most cases of employment disputes, mediation is better than a lawsuit because:
Mediation provides quicker result compared to lawsuit which may even drag for years and affect the companys operation.
In mediation process, employers and workers can enjoy their privacy unlike in a court proceeding. However, mediators should explain to workers and employers that any information revealed and obtained during the process should be confidential.
Because mediation process does not determine who is at-fault, the relationship between employers and workers is preserved.
Mediation is less expensive since it eliminates the need for attorneys fees and other legal expenses.
Step-by-step procedure of mediation
1.The employers and workers meet at a conference and the mediator explains their rights and responsibilities.
2.The mediator schedules the next meeting.
3.The employers and workers sign a contract telling they agree with the mediation process.
4.The employers and workers decide on what method which must be adopted to obtain information about a certain issue.
5.The mediator explains the real issue behind a certain dispute and helps employers and workers during the negotiation process.
6.The employers and workers each propose their final settlement.
7.The mediator arranges all the provisions in settlement. In some cases, this record may be given to the workers and employers lawyers who may file this to a court.
