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  2. Equal Rights
  3. Equal Rights Process Library
  4. Mediation

Mediation

  1. What is mediation and what mediation is not.

    Mediation IS a method of dispute resolution in which an impartial third party (the mediator) facilitates a conversation between parties and works towards compromise.

    Mediation IS NOT arbitration or free legal advice. Mediators do not push for resolution and cannot side with either party. Mediators will not give parties legal advice.

    The goal of mediation is to settle the case without the expense, time, and stress of a hearing.

  2. Is mediation the right choice?

    Mediation is appropriate for parties open to compromise. Generally speaking, mediation is faster, easier, and less expensive than going through the litigation process.

    Mediation may be the right choice if you:

    • Want to try an alternative way to resolve your conflict.
    • Are open to compromise.
    • Are willing to discuss the issue.
    • Want to resolve the matter sooner.
    • Wish to preserve a wokring relationship with the other party.
    • Hope to avoid meeting with the other party face-to-face or virtually (as would be requried in a hearing).
    • Value confidentiality.

    Mediation may not be the right choice if you:

    • Have emotions that may keep you from being respectful or listening to the other party's perspective.
    • Are unable or unwilling to compromise.
    • Do not want to discuss the issue.
    • Are unwilling to negotiate in good faith.
    • Have unrealistic expectations ("My case is worth a million dollars!" or "I refuse to pay a dime!")
    • Do not feel safe meeting with the other party.
    • When appropriate the mediator may be able to keep parties separated during mediation (online or in person) so they do not have to speak directly to each other. This is not possible during a hearing.

    * Note:

  3. Ready to request mediation?

    You may request mediation at any time by contacting the investigator or Administrative Law Judge (ALJ) assigned to your case. You do not need an attorney to participate in mediation. However, you may find it helpful to have an attorney present during mediation.