All About Mediation & ARBITRATION!

Resolving Workplace Conflict Through Mediation - Managing Disputes Informally

Learn how mediation can resolve team conflicts in a fair, practical and objective way by involving a skilled independent facilitator.

Questions and Answers for Parties to Mediation: Mediation and the Americans with Disabilities Act (ADA)

Prepared jointly by the U.S. Equal Employment Opportunity Commission National Council on Disability U.S. Department of Justice The Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act) make it unlawful to discriminate against a qualified individual with a disability.

What you’ll get

  • Helpful tools, tips, and stratagems for navigating your unique obstacles - to create an enduring resolution - that both parties can live with!

FAQs

What is mediation?

Mediation is a process for people to have face-to-face conversations about the issues important to them. Mediators are impartial and will not make decisions for you. They help people in conflict communicate and support their own decision-making. Mediation is a voluntary and confidential process.

How is mediation different from arbitration?

A core value of mediation is party self-determination. Mediators facilitate the conversation between parties so that they can make decisions that are important to them. Arbitration is a quasi-judicial process where the arbitrator hears the evidence from both sides and makes a binding decision.

How can someone request mediation?

You can request Mediation through the Schedule | Fee page. From there, you click the schedule mediation button and from there it will redirect you to the page to choose a date and schedule Mediation.

Is a mediation agreement binding?

A mediation agreement is binding and enforceable when it is part of a court order. The parties decide whether they wish to submit an agreement to court.

What happens if one party refuses to mediate?

Mediation is voluntary and a session can only be scheduled if both parties agree. Era Mediation Oracle LLC respects the decision of each party in choosing whether mediation is right for him/her.

What about The confidentiality of the mediation?

All communication during intake and in a mediation session is confidential except in cases of child abuse or the abuse of a vulnerable adult. Mediators cannot disclose what is said in mediation except in de-briefing with staff. This confidentiality extends to referral sources too. Era Mediation Oracle LLC will only disclose if mediation was held or not held. If no mediation was held, Era Mediation Oracle LLC will not disclose why the session was not held, including the refusal by each or both parties. In keeping with confidentiality, We DO NOT provide letters to either party indicating the willingness or refusal of either or both to attend mediation.

Will the mediation be fair?

Mediators are impartial. The mediator does not take sides, and is always there for both of you. The mediator doesn’t ever make any decisions for you; you work out between yourselves what proposals you want to accept. Either of you can stop the mediation process at any time; mediation will only go ahead if both of you want it to.