Is The Mediator Allowed To Decide The Outcome?
At any stage of mediation the parties can together agree to give the mediator the authority to make a decision on the outcome.
This can help where everyone agrees on the facts but not on the best way to resolve the problem, or where agreement is close but the parties feel unable to make a move.
The parties must give written consent in order for a mediator to make a decision.
If you give written consent to the mediator, then the mediator’s decision is binding. You cannot appeal the outcome if you don’t like it.
When Should I Decide To Settle?
When deciding to settle it is important to remain realistic. A settlement should reflect the effect of the disputed event on the parties. A settlement will not necessarily involve money.
When guiding you to a reasonable settlement the mediator looks at:
- the investment in the employment relationship
- the nature of the problem
- the circumstances
- how the behaviour of both parties may have contributed to the problem.
- how relevant law may affect the outcome.
Mediators will help you consider things such as:
- the effect on the reputation of the injured party
- the length of the relationship
- previous expectations of the injured party about income and career
- harm or loss to the business
- efforts that both parties have made to deal with the problem.
If you change your mind about the outcome you want, you should tell the mediator or the other party. Consider your advisor’s opinion, but also take responsibility for your own decision.
Don’t base your decision on external matters, such as “holding out” for enough money to pay bills or fix the car. That may be important to you, but may not realistically resolve the dispute.
Neither is it wise to take an inflexible position that doesn’t recognise the other party’s needs at all.
It is also important to remember that many satisfactory solutions do not involve money.
Settle when you feel the offer before you is satisfactory. There is no guarantee that the offer will be available a week or even an hour later.
Once you have settled and signed an agreement you cannot change your mind.
Is Mediation Confidential?
Information exchanged during mediation is confidential and cannot be disclosed
to outside parties or to other employment institutions like the Employment
Relations Authority or Employment Court, unless agreed by the parties or the
mediation was in the course of bargaining for a collective agreement.
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This page was last updated on:
04-May-2009
and is current.
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