Using mediation effectively has become a critical part of the professional capabilities of any advocate involved with workplace disputes. In the federal sector, virtually every agency has an ADR program and encourages mediation of EEO and other workplace cases. While effective participation in mediation depends on the advocate’s good negotiation skills, there are profound differences between mediation and one-on-one negotiation.
John Settle, an attorney and experienced mediator of EEO disputes in and outside the federal government, demystifies mediation and provides step-by-step guidance on mediation. The book explains how to assess whether mediation is a good idea, and details exactly what to expect during the process. Learn how to plan for the mediation session, how to help the client understand the advocate’s (and the parties’) different roles in mediation versus litigation, and how to help the client formulate desired outcomes. The book also outlines what to do at each stage of the mediation session—setting the tone, how to use an opening statement effectively, why and how to help a client speak for him/herself, dealing with pro se parties, control anger and strong emotions, how to work with the mediator and using caucuses. Also covered are techniques for developing solutions, dealing with impasse, reaching closure, and agreement writing. The book emphasizes basic, “how-to” advice to help achieve success in mediation.
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