The Board's Mediation and Settlement Program is designed to allow the parties the opportunity to reach a settlement by negotiating with one another with the assistance of a mediator. Mediation offers the parties the chance to control the outcome of the matter by arriving at a mutually-agreeable settlement, rather than having the Board issue a Decision and Order which will undoubtedly be favorable to one party and adverse to the other.
Prior to the mediation and settlement conference, the parties are asked to consider their positions and to be prepared to make reasonable concessions. In addition, each side is encouraged to listen to the other side's point of view. This is crucial if a settlement is to be reached.
The mediation program is voluntary. All statements made during the mediation session are confidential and will not be made part of the official record. If the parties cannot settle the matter through mediation, the matter will be adjudicated. Thus, neither party's right to a resolution of the matter is compromised by an attempt to arrive at a settlement through mediation.