"Prevention. Correction. Protection. Interfacet."

Interfacet's workplace mediation services provide a straightforward, very effective process uniquely suited to the prompt resolution of employment disputes.

The ground rules of mediation are simple, as set out below:

WORKPLACE MEDIATION: QUESTIONS AND ANSWERS

What is mediation? How is it different than arbitration or litigation?
Mediation is a voluntary and non-binding process in which parties (and their lawyers or representatives, if the parties wish) meet with a third party (a "mediator" or "neutral") who is trained to assist them in settling disputes and reaching an agreement. The mediator who is neutral and impartial has no power to impose a settlement, nor does the mediator decide who is "right" or "wrong." In a judicial or administrative proceeding (litigation), a judge hears both sides of a dispute, considers legal and factual arguments, and makes a final determination. Arbitration is akin to Iitigation: the presentations and the decision follow formal procedures, but are not as rigidly restricted by law as courtroom procedures are. The decision-maker in arbitration is often a lawyer, but is not a judge. Neither litigation nor arbitration, unlike mediation, allow the parties to craft their own resolutions.

Workplace mediation services can be very useful in:

• arriving at a mutually agreeable and often creative solution that meets the needs of all the parties
• reducing time to resolution
• facilitating early, direct communication and understanding among the parties of the essential issues on each side of the dispute
• reducing costs of dispute resolution
• increasing confidentiality

What process is followed in mediation?
Typically, the Interfacet mediator initially meets with management and the employees involved in the workplace dispute in a joint session. At the meeting, the mediator explains the mediation process and gives each party an opportunity to explain his or her views about the matters in dispute. These opening statements provide an opportunity for each participant to express their view of the situation and how they would like to approach resolution. Often, there is likely to be discussion and questioning amongst the parties as well as between the mediator and the parties. After the joint session, the mediator usually will "caucus" individually and privately with each party. Caucuses allow the mediator and the parties to explore more fully the needs and interests underlying the stated positions. In those caucuses, the mediator also helps the parties to focus on resolution possibilities. Sometimes the mediator may offer specific suggestions; at other times, the mediator may help the parties generate creative proposals. Sometimes the mediator will act as "devil's advocate" to explore how realistic the positions of the parties are, and what is, in fact, possible. The mediator often assists parties to prioritize interests and options for settlement, and to assess the relative strengths and weaknesses of positions. In all cases, mediation provides an opportunity to explore a wide range of potential solutions and to address interests which may be outside the scope of the stated controversy, or might not be addressed by judicial or administrative agency action. Mediation allows the parties to participate in crafting a resolution of the dispute, rather than depending on a judge or arbitrator to make a final decision. Once the parties reach an agreement, the mediator assists the parties in writing an agreement which the parties then sign.

Are there any ground rules?
Yes. Each party is at the mediation because he or she has some interest in settling the dispute. To assist in that process, each party should observe the following rules:

• Be as candid, forthcoming and concise as you can.
• Do not interrupt while the other party is speaking. You will have your turn to speak and be listened to.
• You may take notes while the other person is speaking, and address important points when it is your turn to speak.
• You may bring in documentation if you wish, but remember that the mediator is not there to decide who is right, only to assist you in coming to an agreeable settlement.
• You may, at any time, ask the mediator for a private caucus, or the opportunity to speak privately with your lawyer or representative.
• There are no time limits, except those as may be agreed to at the beginning of, or during, the mediation.
• Be polite. It does not in any way assist the settlement process to be verbally abusive or threatening.

Is mediation confidential?
The entire mediation process is confidential, except for the fact that a mediation has taken place. All discussion, promises, conduct and statements, oral or written, made in the course of mediation, for the purposes of negotiation and settlement, by any of the parties, their representatives or their attorneys, and the mediator are confidential. The mediator shall not disclose to third parties any such offers, statements, conduct and promises. They are privileged and inadmissible for any purpose in litigation proceedings. (However, any evidence that is otherwise admissible or discoverable shall not be deemed inadmissible or not discoverable as a result of its use in the mediation.)

May I be represented by counsel?
You may bring counsel or any other representative to the mediation if you wish. It is not mandated. If the matter is in litigation, or may result in litigation, you might ask a lawyer to review the agreement reached as a result of the mediation, prior to signing the agreement. Most important, the persons with the authority to settle must attend the mediation, so that all necessary parties are present at the mediation itself.

Can I appeal the agreement?
The purpose of the mediation is to reach an agreement among all of the parties. If you sign the agreement, you are indicating that you concur with its terms and agree to follow them. Parties may appeal decisions made by third parties, i.e., judges or arbitrators. In mediation, the mediator does not make the final decision; rather, the parties arrive at an agreement. As that agreement is made by the parties themselves, there is nothing to appeal from.

Please contact us for more information.