After the Mediation

Once the Mediation process ends, hopefully the parties have come to agreement. At this point, they have a number of options to consider. Ultimately, the employer will require some sort of understanding as to whether or not the process was effective.

The Mediator can create a written Agreement summarizing everything that the parties have decided. These Agreements represent a behavioral contract, and the employer might choose to make compliance with this agreement a condition of continued employment. If the parties chooses to have these Agreements created, both they and the employer will receive both printed and electronic versions.

At the end of each Mediation session, the Mediator will report to the employer whether the employees have consented to another session, as well as whether or not, in the Mediator's professional opinion, such a session would be worthwhile. At that point, the employer may decide whether or not to authorize additional sessions.

It is important to remember that the content of Mediation sessions is confidential. However, employers can impose specific requirements on any written Agreement that is produced (such as requiring that a dispute over assigned job duties be resolved). 

While not every workplace dispute is resolved completely in Mediation, many are. This reduces the cost of conflict and improves the quality of life in the workplace. In addition, when employers must take negative action such as termination or reassignment, they are able to show that a good-faith effort was made to resolve the issues first.