KY 3.0 hours Ethics - Course Syllabus
3.0 Elective Hours
What is mediation?
Mediation is a voluntary process in which disputing parties meet with a mediator appointed by the Association to create a mutually acceptable resolution of the dispute, rather than having a decision imposed by an arbitration hearing panel.
Mediation can occur before or after the Grievance Committee reviews requests for arbitration, depending on local Association policy. If a dispute is resolved in mediation, the parties sign an agreement spelling out the terms of the settlement and no arbitration hearing is held.
The mediation process is voluntary and thus consensual. The parties decide the case only if they choose to settle. The mediation process is "win-win" in the sense that each party comes away from a mediation agreement with something, as contrasted to an arbitration hearing in which there is a "winner" and "loser," and one party very well may leave the case with nothing.
Mediation is a much more informal process than an arbitration hearing. Because mediation is a consensual process rather than an adjudicative process, there is a greater likelihood of preserving relationships between the parties for future benefits and business of the parties.
Upon course completion, you will have a better understanding of ethics complaints and the mediation process.