As part of Early Resolution, the Office of Equal Opportunity offers mediation services to employees who may be involved in a conflict that appears to violate Title VII, or any other federal or state civil rights laws. These services may be made available to situations outside this framework if the resources and time is available to do so.
What is Mediation?
It is a process whereby a neutral third-party (Mediator), assists others in resolving issues. The Mediator is an intermediary, a person in the middle, a go-between, a translator, interpreter, guide and assistant to both parties involved. Mediation is an instrument or tool to help parties to understand their own and each other’s underlying interests, in an effort to find mutually satisfactory solutions.
What do Mediators do?
They help parties move beyond initial positions by surfacing hidden interests, needs and constraints. Mediators help parties improve communication. They help parties understand interests and priorities in order for them to generate creative solutions. Mediators are able to help others discover and agree on mutually acceptable standards plus explore and assess alternative agreements. Mediators infuse safety, creativity and flexibility.
What Roles do the Parties Play?
Both parties must be adequately informed and volunteer to enter into the mediation process. It should be done “in good faith” and there should be no feelings of pressure that the parties may later regret. Good faith means that each party is willing to disclose all relevant information. Each party is willing to listen to the other with an open mind. Each party is willing to consider moving from his or her original position, and consider other possible solutions to the problem. Each party is willing to commit to keeping agreements they make during the mediation and to sign a formal document signifying their good faith acknowledgement to maintain such agreements.
The Mediation Process
The process is broken up into five stages or steps. Mediation may flow smoothly through the stages, or may shift back and forth in middle stages as issues are addressed.
Step 1 - The Mediator gives an opening statement. The Mediator sets the tone for the entire session. Ground rules are established.
Step 2 - Information Receiving:
Parties make opening statements with the mediator’s feedback. The Mediator builds trust. Issues are explored to find out what the dispute is about. Parties are allowed to vent and explain their point of view and hear each other.
Step 3 - Identifying issues/setting an agenda:
Explore underlying interests. Parties identify the issues they need to talk about. Reach agreement on issues that need to be discussed. Prioritize needs and interests taken by parties.
Step 4 - Negotiations:
Generate options, evaluate options and continue to explore underlying interests. Parties talk, exchange ideas and discover solutions.
Step 5 - Agreement/Closure:
Parties resolve matter, clarify expectations and gain a clear, specific agreement that is likely to be fulfilled.
Final Note:
The Office of Equal Opportunity has trained mediators to assist you. If you are in a workplace dispute with another employee with whom it is in the your best interest and in the interest of the organization that you remain on good terms, consider mediation as an available tool to assist in the communicative process.
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