Three mediator dilemmas emerging from the critical literature on alternative dispute
resolution were explored in this study of workplace mediation. The study found that most
surveyed practitioners and industrial relations experts believed that mediators would take
measures to circumvent the dilemmas, should they arise. These measures include
applying appropriate standards and laws to ADR decisions; balancing power between
disputants; and not exercising bias in order to obtain future work. In other words, the
skills and attributes of ADR practitioners were represented by the surveyed population as
being vital to delivering key qualities of mediation such as fairness and independence.
However, three case studies of workplace mediation demonstrated that these normative
traits were not met by the reality of mediator practice. The study raises training and
accreditation issues for workplace mediators and questions the quality of workplace
justice resulting from dispute resolution outcomes.