A Business-Minded Approach To Employment Law

What happens if mediation is not working in an employment dispute?

On Behalf of | Jun 12, 2023 | Employment Disputes, Employment Law, Mediation |

Mediation is an effective way to solve employment disputes without going to court and it is normally a straightforward process, which works by bringing in a neutral third party to help the parties in conflict communicate and understand each other.

However, difficulties sometimes arise in mediation, and the parties wonder if this form of alternative dispute resolution will get them anywhere. Most of the time, by being patient and taking the time to identify the parties’ fundamental interests, they can come to a solution that works for them.

If mediation does not seem to be working, there are strategies that the mediator and the parties can use to help the mediation along. Remember that every mediation and case is different, and it is critical to tailor the strategy to the parties’ needs.

Shuttle mediation

Mediators usually have the parties together in the same room. Sometimes, however, the mediator chooses to have each party sit in a separate room, with the mediator going back and forth, negotiating between the parties, who cannot see each other. Shuttle mediation is highly successful when the case is charged with strong emotions and the parties have trouble communicating respectfully.


Having more than one mediator is another highly effective technique. Many mediation firms offer this service, and it is effective because the parties have an additional mediator they can connect with if they do not connect with one mediator.

In mediation, trust is critical, and if a party does not trust the mediator it isn’t easy to get results. Co-mediation allows the parties to know that two people are working together to help them come up with solutions instead of just one.

Mediation is a highly effective tool for conflict resolution, but sometimes difficulties arise in the mediation process. Mediators and their clients have options they can consider to make their mediation the most effective and efficient experience that it can be.