Mediation
In mediation, an outside third party (the mediator) enters the situation with the goal of assisting the
parties in reaching an agreement. The mediator can facilitate, suggest, and recommend. The mediator
works with both parties to reach a solution but does not represent either side. Rather, the mediator’s role
is to help the parties share feelings, air and verify facts, exchange perceptions, and work toward
agreements. Susan Podziba, a mediation expert, has helped get groups that sometimes have a hard time
seeing the other side’s point of view to open up and talk to one another. Her work includes such groups as
pro-choice and pro-life advocates, individuals from Israel and Palestine, as well as fishermen and
environmentalists. According to the US Equal Employment Opportunity Commission, “Mediation gives
the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings,
determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate
those areas of agreements into resolutions. A mediator does not resolve the charge or impose a decision
on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The
mediation process is strictly confidential.” [23] One of the advantages of mediation is that the mediator
helps the parties design their own solutions, including resolving issues that are important to both parties,
not just the ones under specific dispute. Interestingly, sometimes mediation solves a conflict even if no
resolution is reached. Here’s a quote from Avis Ridley-Thomas, the founder and administrator of the Los
Angeles City Attorney’s Dispute Resolution Program, who explains, “Even if there is no agreement
reached in mediation, people are happy that they engaged in the process. It often opens up the possibility
for resolution in ways that people had not anticipated.” [24] An independent survey showed 96 percent of
all respondents and 91 percent of all charging parties who used mediation would use it again if offered. [25]
You Know It’s Time for a Mediator When…
• The parties are unable to find a solution themselves.
• Personal differences are standing in the way of a successful solution.
• The parties have stopped talking with one another.
• Obtaining a quick resolution is important.
