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> Mediation & Dispute Resolution
Mediation is the process of resolving disputes within a company with the
assistance of an unbiased third party. There is a thin line between the
terms ‘arbitration’ and ‘mediation’.
In mediation the process is less formal and the mediator may not necessarily
be a lawyer as compared to arbitration.
Mediators do not decide on the dispute. They simply meet privately with each
party and assess the different arguments, reasoning or proposal presented.
It is important to note that mediators look for ways to reach a compromise
between the two parties. Arbitrators in contrast, can either make decisions
to favor one party after a hearing or resort to bringing out a compromise agreement
from both parties.
Mediation may either be voluntary or mandatory, depending on the policies
laid down by the company. Even if it is voluntary, management has the option
to take the initiative away from the mediator if they see the condition as
worsening between employees. However, not all issues are suitable for mediation.
Serious cases like the violation of substantive rights necessitate the jurisdiction
of the courts and are excluded from the circumstances where mediation may be
applied. All other personal disputes, issues involving corporate hierarchy,
and job conflicts can be settled through this kind of resolution.
Formulating your own mediation policies and processes may be useful in the
long run. Articles in the Internet will help you learning the different types
of mediation that can be implemented and other frequently asked questions on
the topic. You can stop resorting to litigation to resolve manageable corporate
issues and avail of the services offered by professional groups, which have
been successful in several mediation cases.