When you attend mediation, the employment mediator in Melbourne, Florida who you have chosen for your case will discuss his or her role as a neutral facilitator at the beginning of the session. The employment mediator in Melbourne, Florida will also explain that anything you say to him or her is confidential.
Importance of Confidentiality
Sometimes parties in a dispute may have things that they want to keep private. When a case goes to trial, some private things may be aired. In mediation, the process is confidential. The other party cannot take what you said during mediation and later bring it up in trial. Additionally, rules of evidence prohibit a party from saying what was said during any settlement negotiations. Therefore, another party cannot say that you agreed to settle the claim for less money than you are asking now but then changed your mind. Having strict confidentiality rules in place allows the parties to be open and honest with a mediator who is trying to get them to reach a satisfactory result.
Topics of Conversation
Because you are protected by strict confidentiality rules, you should feel comfortable discussing anything you want with the mediator. If an employee feels aggrieved due to misconduct on the part of the employer, he or she may mention this. If an employer believes that an employee has not met important metrics, he or she can discuss this. Unlike litigation that has very narrow recourse options, the employer and employee can agree to special terms that may not be in a typical court order. Therefore, they may wish to discuss some topics that are technically outside the scope of the dispute.