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In accordance with our statutory duties, the
Lexington-Fayette Urban County Human Rights Commission is offering parties
involved in disputes the option of resolving their disagreements through
voluntary mediation instead of initially going through the Commission's
complaint investigation process. The mediators are trained and certified and are
independent of the Commission.
What
is mediation?
Mediation is an informal, voluntary process, which provides
a forum for a discussion of the complaint and the opportunity to enter into an
agreement that satisfies the interests of all parties.
What
are the advantages of mediation?
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Charging
Party and Respondent do not have to respond to interrogatories or data
requests, unless the mediation is unsuccessful.
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Mediation
will be scheduled whenever possible within thirty (30) days from the date
the complaint is filed.
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“Fact
finding” is not the objective of mediation.
Mediators do not weigh evidence, interview witnesses or determine
if discrimination has occurred.
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The
sole purpose of mediation is to discuss the complaint and resolve it to
the mutual satisfaction, and in the best interest, of all parties.
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Mediation
is an informal process. No
lengthy and time consuming preparation is involved.
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Mediation
is not a legal process and does not require the presence of an attorney,
although you may have an attorney present if you wish.
All principals must speak on their own behalf; attorneys may
provide advice to and consult with their clients.
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Participation
in the mediation process is voluntary.
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Mediation
is a confidential process. The
proceedings are non-evidentiary. Mediation
sessions are not tape recorded or transcribed.
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The
mediator conducts joint and private confidential sessions with the
parties.
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Mediators
may suggest options for agreements.
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Mediation
agreements do not constitute an admission by the Respondent of any
violation of the laws that the Commission enforces.
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Mediation
agreements result in the closure of cases with the Commission.
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Mediations
are scheduled at times and places that are convenient to all parties
involved and usually last from one to three hours.
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The
vast majority of cases that are successfully mediated are mediated in one
session. A second session is
permitted if agreement appears imminent.
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An
agreement does not have to be signed at the time of mediation.
The Commission will permit a reasonable time for a participant to
have the proposed agreement reviewed or approved.
After this time frame has passed, however, the complaint will be
reassigned to an investigator under normal complaint processing
procedures.
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Disputes
are resolved more quickly than in the traditional complaint processes
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Litigation
cost and other cost are lower
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Creative
solutions are developed by the parties themselves, thus resulting in
greater satisfaction with the process and the parties
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Future
complaints are avoided as parties learn to communicate better with each
other
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What
are the roles of the parties?
Mediation is voluntary.
Mediation is most successful when the parties:
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Approach
mediation in good faith and with an open mind
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Be
willing to listen and to consider all aspects of the issues |
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Be
active participants in mediation |
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Develop
the terms of the settlement agreement with the assistance of the mediator
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A case will be assigned to a certified mediator who has
completed specialized training mediation and conflict resolution.
The mediator will maintain confidentiality and objectivity.
The mediator will have excellent communication skills and will be fully
knowledgeable of Commission procedures.
How
can I learn more?
If you have filed a complaint, if a complaint has been filed
against you or your business, or if you have a dispute that you wish to consider
for mediation, our Mediation Coordinator may assist you.
For additional information, please contact:
Lexington-Fayette
Urban County Human Rights Commission
162 East Main Street, Suite 226
Lexington, Kentucky 40507
Phone: 859-252-4931
Fax/TDD: 859-252-7057
E-mail: [email protected]
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