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

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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

13. 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

14. 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

15. 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