Preparing to Mediate: Serving as a Respondent Presented by: Office of State Human Resources

Employee Grievance Process HB 834 was signed into law on August 21, 2013 This law made significant changes to the grievance process and created a uniform employee grievance policy for all state agencies and universities The Employee Grievance Policy became effective for state agencies on December 1, 2013, and for universities on May 1, 2014

Formal Internal Grievance Process: Step 1- Mediation Utilizes neutral third party(s) to attempt resolution OSHR assigns mediator(s) Provides parties an opportunity to openly discuss the grievance in a neutral and less adversarial environment

Mediator(s) Role Educate the parties about the mediation process Guide and manage the mediation process Facilitate communication Assist parties to generate and evaluate possible outcomes Does not advise, express opinions or render decisions

Who Attends Step 1 Mediation? Grievant Respondent Mediator(s) No attorneys or other advisors

The Mediation Process Mediation begins with the mediator(s) sharing information about the mediation process Both parties will have ample opportunity to share their perspectives about the grievance issue(s) The mediator(s) will talk to the parties together and, at times, separately Except for information needed to implement an agreement, discussions in the mediation remain confidential

Agency Responsibilities for Preparing for Mediation Designate a qualified person to represent the agency as the respondent Prepare the grievant and respondent to mediate Ensure appropriate personnel (management, HR and/or legal counsel) are available during the mediation to respond to issues that may arise Have appropriate HR staff available during the mediation to review the terms of a proposed agreement

Serving as a Respondent If you are selected to serve as a respondent, you have: been entrusted to represent your agency the authority to negotiate an agreement on behalf of your agency the ability to be empathetic and approach the mediation in a manner that protects the dignity of the grievant the skills needed to communicate with the grievant to resolve the grievance

Respondent Responsibilities: Preparing for the Mediation Become knowledgeable about the issues of the grievance Discuss with your management, HR and/or legal counsel possible areas of negotiation that can be offered to resolve the grievance Be prepared to discuss the reason(s) a particular decision was made in relation to the grievable issue Clear your calendar for the entire day that mediation is scheduled

Respondent Responsibilities During the Mediation Take the opportunity to express positive performance and accomplishments if appropriate Approach the mediation in the spirit of cooperation and compromise Listen with an open mind to what the grievant has to say

Our History Says . . . Sometimes, information provided by the grievant may result in a willingness to change a decision/action in part or in its entirety. Sometimes, a decision/action will not change; however, an opportunity exists to help the grievant better understand why the decision/action was taken and why it cannot be changed.

Our History Says . . . Whether or not you are able to negotiate an agreement, having a facilitated conversation in mediation may help the grievant to better understand and accept the decision/action In many cases, the grievant wants an opportunity to be heard and may choose not to pursue further grievance action

Mediation Agreement If an agreement is reached, the mediator(s) will draft the mediation agreement with input from the respondent and the grievant. As a respondent, your responsibility will be to have the proposed agreement approved by appropriate agency personnel before signatures are obtained The mediation agreement is a legally binding document and ends the grievance process

Mediation Agreement The Mediation Agreement shall: Not contain any provision(s) contrary to SHRC policies, rules, and applicable State and Federal law Not contain any provision(s) that exceeds the scope of the parties’ authority

Formal Internal Grievance Process: Step 2 - Hearing If the mediation results in a impasse, it is the respondent’s responsibility to provide the grievant with Step 2 appeal rights at the conclusion of the mediation The grievant has five calendar days following the mediation to file for a Step 2 - Hearing