What should you not say during mediation?

What should you not say during mediation?

Who cannot go to mediation

Mediation will generally take place early in the process prior to the investigation of the charge. Offering mediation to the parties prior to an investigation saves the Commission resources by avoiding the investigation of a charge that could be adequately resolved through mediation. Also, mediation prior to an investigation avoids the hardening of positions that can occur during a protracted investigation.

The charging party and a representative of the employer should attend the mediation session. The person representing the employer should know the facts of the charge and have the authority to settle the charge on behalf of the employer.

Mediation provides a neutral and confidential environment in which both parties can openly discuss information about the underlying dispute. Through improved communication, mediation can foster better working relationships and a better understanding of factors that may be affecting the overall workplace.

What is mediation?

In some cases the authorities supervising the process require the mediator to present an initial document with rights and duties to the parties, a document that must be read by the mediator, requesting its ratification by the parties, who must sign said initial document.

“We have to respect some rules on which we must agree before starting”. In addition to the ones we are going to comment now, essential for the proper development of the mediation, you can suggest some other rules that you think we should take into account.

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In this phase the mediator gathers the vision on the problem of each one of the parts. “Tell us…what happened,” “how you felt,” “more about…” As well as making sure if there is anyone else affected or involved in this problem.

Example: “My goal now is to understand as best I can the situation, and in particular to understand your interests and what you will need to reach a solution, so you can start wherever you want. I will not disclose to the other party anything you tell me in this private meeting, unless you specifically tell me otherwise and I agree to do so. The notes I will be taking will serve to guide the process appropriately. They will of course be confidential and destroyed when the mediation is completed….”

Characteristics of mediation

In principle, all cases are susceptible to be mediated, since through mediation it is possible to understand the needs and interests of each party and to generate different alternatives for a solution, looking towards the future and satisfying the expectations of all parties involved.

It is especially recommended for those cases in which the parties involved in the conflict have a relationship that will continue over time, such as disputes in the family, business, between neighbors, between suppliers and consumers, between debtors and creditors or in the educational community. Who is involved in mediation?

The mediator, a professional specially qualified to direct this type of process, will act, in the cases that he/she considers necessary, assisted by a co-mediator of different specialty, whose presence in the sessions is resolved according to the convenience of each specific case.

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Family mediation occupies a privileged space in primary prevention and offers the possibility of addressing issues such as alimony, child custody, visitation regime, liquidation of the marital partnership, divorce issues, inheritance conflicts, but also those issues related to family life -marital or filial- which, if a reasonable solution is not found, could lead to the rupture of the bond.

How a solution is reached in a mediation process

Where mediation has been used, the success rate has been very high in achieving a mutually acceptable outcome to a dispute. However, because it is a relatively unstructured procedure, some are hesitant to use it for fear of not knowing where they stand. This paper aims to allay those fears by simply explaining the main features and advantages of mediation and how mediation works in practice under the WIPO Mediation Rules.

Mediation is first and foremost a non-binding procedure. This means that, even if the parties have agreed to submit a dispute to mediation, they are not obliged to continue the mediation procedure after the first meeting. In this sense, the parties always control the mediation. The continuation of the procedure depends on their continued acceptance of it.

Therefore, unlike a judge or an arbitrator, the mediator is not a decision-maker. Rather, the mediator’s role is to help the parties reach their own decision on the settlement of the dispute.

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