1.The boss has already mitigated the punishment, so why should I compromise further as the manager? 

·        Mediation is not mitigation or compromise, but an opportunity to listen and know what’s important to the other person; 

·        Your authority as the manager does not need to be diluted by the mediation process. Rather, genuine recognition of your stature and power can be enhanced through mediation.
 

2. This is just another attempt by management to break the union. 

·        A union representative may accompany an employee to mediation; 

·        Mediation advocacy is a highly visible role for the union in any workplace; 

·        Participating in a successful conflict resolution program, which relies on interest-based negotiation is an important function for any union. 

3. I’m afraid that if I agree to something in mediation it will set a precedent for future cases. 

·        Mediated agreements are individual and confidential resolutions which are not precedent setting, unless the parties agree otherwise; 

·        Decisions or resolutions in mediation are jointly made, in a collaborative manner, and the agreements are binding once signed by the parties; 

·        Mediated agreements are treated as privileged and confidential communications. 

4. Isn’t it a sign of weakness that I ask the other side to mediate? 

·        Not if mediation is a policy or part of the bargaining agreement; all parties `are urged to attempt resolution through mediation; 

·        Mediation is a logical extension of negotiation, something we all do, and should be viewed as a search for options.. 

5. Mediation takes too much time. 

·        The average employment mediation lasts 2 - 4 hours, while the average trial takes 2 – 4 days; 

·        When ongoing relationships are at stake and many people can become involved with the conflict, the time spent in listening to understand through mediation becomes very small. 

·        Anybody can terminate the mediation at any time, for any reason. 

6.The expense of mediation is something I don’t want to incur. 

·        Mediation costs are usually shared by the parties or distributed as part of the agreement; 

·        The cost of mediation is comparable to a deposition but small compared with litigation or arbitration costs, especially after a protracted, adversarial course. 

7. Why should I want to mediate when my case is a sure winner? 

·        95% of cases in litigation settle before trial, and you may be required to mediate by order of the judge; 

·        If the other side feels the same way (and there can only be one winner) why gamble when you can both get what you need through mediation? 

·        There are no sure winners and the mediator can be that reality check. 

8. I don’t feel comfortable in talking to the other side about issues in this conflict. 

·        Mediation is confidential and the mediator cannot be forced to disclose what was said during the sessions; 

·        Parties may use the mediator to explore feelings, positions, or options without face-to-face negotiation. 

9. We’ve already attempted to work this out between us. . . mediation would be a waste of time. 

·        Mediators can reframe interests and issues of the parties, separating needs from wants, while moving from positions to interests; 

·        The parties have established a non-productive communication model, a paradigm which is difficult to modify without an external force. 

10. Why should I mediate when I can go to trial? 

·        You retain control over the outcome in mediation and relinquish your power to others in litigation; 

·        Judicial determination may leave you unfulfilled, frustrated, and angry at the process; 

·        In mediation all parties can win; at trial all parties can feel they have lost.