THE USE OF MEDIATION IN DISCRIMINATION CASES Cătălina-Adriana Ivănuș PhD Applicant, Economics Study Academy

The use of mediation in discrimination cases 2  Introduction  What is mediation?  Applicability  Intern mediation  Extern mediation  Benefits  Conclusion

The use of mediation in discrimination cases 3 INTRODUCTION  Mediation is an alternate means of resolving the complaint that allows the parties to avoid the traditional investigative or litigation process.  In mediation, a neutral third party listens to both the complainant and management and then encourages them to reach a voluntary, negotiated settlement of the charge of discrimination.  Mediation gives the parties a chance to discuss the issues raised in the complaint, clear up misunderstandings, find areas of agreement, and incorporate those areas of agreement into solutions.

The use of mediation in discrimination cases 4 WHAT IS MEDIATION?  Parties work together with the aid of a neutral person, called a mediator, to reach a solution to the dispute that is agreeable to both sides. The mediator helps the two parties:  Talk over the problem  Reach an understanding  Make an agreement

The use of mediation in discrimination cases 5 APPLICABILITY  Mediation may be appropriate for use in discrimination cases like:  Race  Nationality  Ethnicity  Religion  Social oriin  Beliefs  Gender (including sexual harassment)  Sexual orientation  Age  Disability  Diseases

The use of mediation in discrimination cases 6 INTERN  Employees who consider themselves discriminated have the right to request support from the union or employee representatives.

The use of mediation in discrimination cases 7 EXTERN  If the conflict is not resolved with the support from the union or employee representatives employees who consider themselves discriminated can appeal to a specialized body or to a mediator.  In Romania specialized body is National Council for Combating Discrimination

The use of mediation in discrimination cases 8 BENEFITS  Unlike litigation, mediation may provide a better opportunity to address the discrimination causes because it encourages open communication in which parties have an opportunity to learn about each other and each others’ respective interests.  Ability to deal with emotional factors in discrimination cases

The use of mediation in discrimination cases 9 BENEFITS  Where the employee still works for the employer: the parties may be able to maintain or re-establish a good working relationship, which is obviously hard to do when the parties are engaged in adversarial litigation.  When private or sensitive matters are involved, such as sexual harassment claims: the parties, especially the employer and the alleged harasser, often prefer to discuss and resolve such matters in the confidential context of a mediation, without the embarrassment or discomfort of public proceedings.

The use of mediation in discrimination cases 10  Mediation is gaining popularity as a resolution mechanism for disputes involving discrimination claims in:  United States of America  Canada  United Kingdom

The use of mediation in discrimination cases 11 CONCLUSION Mediation, modern institution in the rule of law, can be a highly effective method of resolving cases of discrimination, an alternative to litigation in discrimination