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Mediation


“Purpose of mediation. It is imperative that the parties to a mediation understand both the ultimate goal of mediation and the role of the parties in achieving that goal. The contractual provision carefully differentiates between mediation and arbitration or litigation, where an arbitrator or judge has the final say over resolution of the dispute. "Mediation is a wholly different process of resolution from litigation and arbitration; it is not a compressed, informal trial. The only goal in mediation is to come to an agreement about the future conduct or relationships between the parties, not to identify the person or persons ultimately responsible for the alleged incident of harassment.



This focus on the future cannot he overemphasized in the case of sexual harassment. Both the complainant and the alleged harasser may he very interested in continuing their employment, and the employer is likely to he interested in a continuing relationship with one or both of the employees. Mediation is arguably the best dispute resolution method when parties expect their relationship to continue.
Further, the quality of the continuing relationship is likely to be better if the parties resolve their dispute through mediation.” (Bond 20)

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