Mediation – An Important Alternate Dispute Resolution Tool, by LARO Steward Susan Hannan

Mediation is offered as an alternative dispute resolution process in Section 6 of Collective Bargaining Agreement Article 32 (Grievance Procedures). You may wish to consider trying mediation if you find yourself filing a grievance or if you become subject to a potential disciplinary action.

Over the last 20 years, I have mediated matters as an attorney and as a steward, and I was a volunteer mediator for the Los Angeles Courts prior to joining the Commission. I have found that many different kinds of disputes can be successfully resolved through mediation.

During mediation, the parties and their representatives meet with a neutral third party that NTEU (with employee input) and management select. Usually, the mediator meets with all parties together to become familiar with the facts of the matter, and then speaks separately to the parties to explore potential solutions. Each side discusses the dispute and listens to the other side’s position. Differences are aired and discussed. The parties and the mediator present alternative resolutions to the dispute. For example, in a matter involving alleged poor performance, the employee may agree to attend training courses while the manager may agree to rewrite the performance review to more accurately and positively reflect the employee’s overall performance. Sometimes the employee’s record is completely cleared of any alleged misconduct after a reasonable period of time has expired. You will help to fashion an acceptable outcome to your dispute. The decision will not be left up to an arbitrator or another third party.

A mediation may last a few hours to a full day or longer. Sometimes two sessions are necessary. If the parties agree to disagree, the grievance continues through the remaining stages, up to and including arbitration, if warranted.

If you are interested in trying mediation, ask your steward to contact NTEU for help in starting the process. Careful selection of appropriate cases and adequate preparation for the mediation greatly enhances your chance of a successful outcome.

The Commission has an expert, Leah Meltzer, who can assist in the choice of an appropriate mediator. Leah suggested an excellent mediator for several sensitive matters pending in our office (LARO). Since all mediations are strictly confidential, I cannot discuss the details of these matters. Confidentiality allows both sides to save face and to move forward in a positive fashion.

Both employees and managers have expressed satisfaction with the process in our office. We have found that mediation offers significant advantages as a dispute resolution tool, often affording a quick, satisfactory, confidential resolution, improved work environment, improved morale and improved workplace communication.