1. Mediation Process

2. Mediation

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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?