FAQS-Mediation

The following Frequently Asked Questions are available. By clicking on the link you will find the answer.

1. What if I want mediation and the other person doesn’t?

Mediation is voluntary. If one person chooses not to participate, mediation cannot take place.

2. Can I use mediation instead of disciplinary or corrective action?

No. Mediation cannot be used to replace a disciplinary or corrective action. However, mediation is a valuable tool available to employees, supervisors or management to resolve conflict at the lowest level possible.

3. Can I request mediation even if I have filed a grievance?

Yes, you may request an extension on your grievance per the Rules and Regulations for Personnel Administration. If the participants reach an agreement, the grievant should ensure that the grievance is formally withdrawn.

4. If I am unable to resolve the conflict through mediation, will the mediator be able to testify in court as to what took place in mediation?

No, mediation is confidential. At the beginning of the mediation session, all participants sign a confidentiality agreement. That agreement includes a clause that prohibits the mediator(s) from being subpoenaed to testify in court as to what took place in the mediation sessions and any notes taken during mediation are shredded at the end of the session before the parties leave the room.

5. Do I need an attorney?

No, mediation is an informal forum for conflict resolution. An attorney or representative is not necessary. If an attorney or representative is present, their actions will be limited, since the disputing parties will be those working to resolve their issues.

6. Is there a charge for mediation?

No, mediation is free to all state employees, which includes temporary, seasonal, probationary, contract and permanent employees. It's a regular day of work, you are released from your duty station to attend the session.

7. Where does the mediation occur?

Mediation sessions will be held at a neutral location in your area.