Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room where it happens”—that is except for the mediator! As the song references, Hamilton along with Jefferson and Madison, convened in a room where a political compromise was reached. And compromise is indeed what makes for a successful mediation.

Employment matters generally involve parties who know one another, and therefore are more susceptible to emotional and irrational decisions. However, paradoxically, that is also why employment disputes are appropriate for mediation and why, with an adept neutral, a positive outcome can be achieved that suits all parties.

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