As a method of an alternative dispute resolution (ADR), mediation is used as a way for parties to work towards a mutually acceptable agreement. According to Lau and Johnson (2019), in mediation, authority to settle the dispute is not vested in a neutral party. Instead, the parties themselves have an ability to even terminate the mediation in cases of them believing it is not working. Mediation only suits those who wish to participate in the process and is aimed at achieving a win-win result for the parties concerned.
Therefore, mediation as a preferred ADR seems to be a perfect option to solve disputes between employees and their employers regarding, for instance, workplace conditions or promotion grievances. The reason for that is that it is in the interest of both parties to resolve the issue in such a way that the other one remains satisfied. In the case of examples mentioned above, the employer is likely to want to settle a problem without losing a valuable asset. While the employee is likely to want to have their objection addressed without either losing their job or falling out of favor with their boss.
Like all dispute resolution forms, mediation has a number of both benefits and drawbacks. In terms of advantages, the most prominent one is the ability to reach a win-win result: it is unlikely that either party in any situation would disagree with such an outcome. Moreover, for instances spoken about above, voluntary character of participation, confidentiality of the process, and the reduction of costs in comparison to litigation are all definite benefits (Boundless, 2016). However, there are disadvantages as well, the main of them being the inability of this method to work if even one of the disputants is not willing to resort to mediation. Additionally, according to Boundless (2016), even in cases of an agreement being reached, the non-binding nature of mediation leaves room for the changing of decision. For example, an employee asking for promotion or advancement of workplace conditions may ask for an alteration of the original terms on which they and their employer initially agreed. In such cases, disputes might have to be pursued through different methods of ADR or even through litigation.
References
Boundless. (2016). Boundless management. Lumen Learning.
Lau, T., Johnson, L. C. (2019). The legal and ethical environment of business. Flat World Knowledge, Incorporated.