Mediation Alternative to Grievance Procedure

Human Resources is available to assist classified staff employees in resolving employment problems and grievable issues at the request/agreement of the individuals involved. Mediation may be requested through Human Resources at any time by contacting Mary Petroski (mjpetros@uwyo.edu; 766-5484).

The initiation of mediation temporarily suspends the grievance procedure time limits until mediation is declared ended by the employee, the responsible appointing authority, or Human Resources.

RULES OF ENGAGEMENT

(1) No interruptions.

(2) Be concise.

(3) Stay on the subject.

(4) No personal attacks, including insults, name-calling, and unprofessional behavior.

(5) Listen attentively.

RULES OF MEDIATION

1. Confidentiality - All information and materials produced during the mediation sessions will remain confidential, unless either party files a legal action. In that event, the Mediator's file becomes part of the employee's UW personnel file and is released to proper authority. During the course of the mediation, the Mediator may seek permission to relate information provided by one party to the other party, if she deems it would be beneficial.

2. Good Faith Effort - The Parties and their Supervisor are expected to make a good faith effort throughout this process. Honesty and disclosure are necessary for the process to work properly. Participants are expected to listen attentively to other points of view, and carefully consider all possible options for resolution.

3. Common Courtesy - All participants will conduct themselves within the bounds of common courtesy. Name calling, foul or abusive language, failure to listen to others when they are speaking, and other unprofessional behavior will not be tolerated, and may compel the Mediator to cancel the mediation.

4. Voluntary Process - Although it may be mandated by your supervisor, the mediation process itself is voluntary in that you govern your participation. The Mediator will make every effort to help reach a resolution, however, you cannot be forced to reach an agreement with the other Party. Either Party may decide to have the mediation session ended at any time. Also, if the Mediator determines that the process is not helping, or is detrimental to the situation, the Mediator may end the session either temporarily or permanently.

THE GENERAL ORDER OF MEDIATION

The Mediation Process for employment disputes is different from other types of mediation. The process begins with the Mediator meeting individually with the Parties' Supervisor, and then with each individual party. These individual sessions give the Mediator an understanding of the issues and the Parties' positions; and provide the Mediator some thoughts for resolution. These sessions also help the Mediator understand the Supervisor's issues and needs. The individual sessions last no longer than 1 hour.

Next in the process, the Mediator will meet with the Parties in a joint session. During this session, the issues are brought out, along with the Parties' ideas for resolution. Ultimately, a solution is agreed upon, and put into writing for the Parties' signatures. A copy of this written agreement is given to the Supervisor.

The joint session is scheduled for two hours. If resolution has not been reached at the end of the scheduled two hours, the session may continue, either then or at a future time. If the Mediator believes resolution is not possible, the session will be terminated, and the Supervisor notified that resolution through mediation did not occur.

The Mediator conducts all sessions in the mediation process. During the joint session, the Mediator will meet with the Parties together, but may ask to meet with them separately, as well. It is the Mediator's responsibility to lead the Parties to resolution, and an understanding of future conduct.

If you need an interpreter or disability accommodations for your mediation sessions, please notify the Mediator sufficiently in advance so that your needs can be met.

CONFLICT RESOLUTION - Training Opportunity

If you are interested in attending a Conflict Resolution training, click here. 

Last Updated on 9/29/2009 4:12:19 PM