Mediation is an effective process that informally resolves cases that may result in litigation. This includes settling cases related to human rights violations including committing or permitting discrimination. An impartial third party helps the party resolves their dispute by leading the parties in conflict resolution tactics.

A mediator helps bridge communication between the parties and can explain the ground rules of civility and demonstrating mutual respect throughout the entire process. Rather than cementing their positions and engaging in arguments, the parties are encouraged to truly consider the other party’s position. This approach helps avoid the possibility of parties becoming entrenched in the dispute and failing to make progress throughout the process.

The parties who are involved in the dispute may or may not be represented by legal counsel. If the party has a lawyer, the lawyer’s role is much different than the mediator’s role. The mediator represents neither party while the lawyer represents his or her own client’s interests. Additionally, the lawyer may explain the potential consequences – good or bad – of accepting a particular settlement offer. The mediator may have a background in human rights law, civil rights or social work that he or she can use to develop a better understanding of the issues involved in the case. The participants can choose the mediator that they want to assist them with their case.

While the lawyer can play an important role in the mediation process, mediation is likely to be more effective when both parties are fully engaged in the process. Mediation is a voluntary process – the party cannot be forced to accept an offer or to participate in the process. Mediation begins with the agreement of the parties to try the process and to agree to participate in good faith with an open mind.