Mediation Process

Mediation

Mediation History & Case Layout Mediation incorporated in contract in the early 90’s Why the parties agreed to a mediation process Benefits of Mediation & Outcomes Expedites grievance processing/eliminates backlog Identifies common workplace problems Allows for self resolution Evaluates the strengths and weakness Mediation History & Case Layout

Mediation History & Case Layout Know your case Who, what, when, why Do all document request early on in process Request should be done in writing All documents should be uploaded in OH system (in your request, ask mgmt to upload) NTA’s added to the contract for disciplines, MQ and other agreed upon grievances. This was first tested as a pilot

Guidelines of Mediation Grievant is entitled to attend There are no official notes or recordings What happens at mediation can’t be brought up in an arbitration Telemediation was agreed to pilot during bargaining Discipline grievances do not get mediation (with exception to a removal) Either party may waive mediation Guidelines of Mediation

Scheduling of Mediation Group dates are set around October of each year for the upcoming year Staff Rep still notifies the chapter prior to each mediation day Discussions with Staff Rep and Grievant should still be occurring prior to the mediation day Settlements and WD’s should try and be complete as early as possible-we must cancel 5 days out Scheduling of Mediation

Arbitrator/Mediator Feedback Best advise for advocates when presenting at mediation Have an open mind Know your bottom line Be prepared Both sides need to give a little to reach settlement Talk to your grievant prior-educate them, set expectations Have copies of everything Arbitrator/Mediator Feedback

Arbitrator/Mediator Feedback (continued) Arbitrator/Mediator biggest pet peeves Not starting on time Not being organized Asking for continuous extensions Don’t say opposite side is wrong if you can’t prove No need to yell and scream to the opposing party, have civil exchanges, treat everyone with respect Point out the actual contract language violation Have documents in order and lay them out in your argument for the mediator or arbitrator No need for multiple grievances to be filed for the exact same issue Be clear in your remedy Arbitrator/Mediator Feedback (continued)

Why Resolve Early? Members see quicker results Minor issues can be tackled and resolved immediately It shows the Union can deliver Can build relationships The Issue stays in house Leaves it out of the hands of a 3rd party at the arbitration level Always keep ongoing communication with the grievant Why Resolve Early?