What is the purpose of mediation in employment law disputes?

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Mediation serves the purpose of facilitating communication between parties in a dispute to help them negotiate a resolution that is mutually acceptable. Unlike litigation or arbitration, mediation is a voluntary process where a neutral third party, the mediator, assists the disputing parties in reaching an agreement. The mediator encourages open dialogue and understanding, which can lead to a resolution that addresses the interests and concerns of all involved.

This approach is particularly effective in employment law disputes, where preserving professional relationships can be crucial. Mediation is often faster and less costly than going through the courts, and it allows the parties to have more control over the outcome, rather than leaving the decision in the hands of a judge or jury.

In contrast, other options like assigning blame, providing a binding resolution, or escalating the dispute to court do not capture the collaborative and facilitative essence of mediation. These alternatives focus more on conflict escalation or resolution through authority rather than the cooperative negotiation that is central to mediation.

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