AFM Programs & Services

Mediation Services

Mediation is an alternative dispute resolution (ADR) process that is available to employees for early resolution of workplace disputes. Mediation is a voluntary, informal process of dispute resolution in which a neutral mediator intervenes in a conflict and assists the participants in reaching a mutually satisfactory resolution. Some key characteristics of mediation include:

• It is a voluntary process that all parties must elect to pursue.
• Mediation is a collaborative problem solving process where the goal is to improve or restore working relationships and foster better communication, not to assign blame.
• The Research, Education, and Economics mission area, Cooperative Resolution Program, uses mediation as the primary dispute resolution process for early resolution of issues and concerns.
• Mediators do not impose decisions on the participants, but create a "safe" environment for the participants to hear each other out, express their issues, concerns and feelings, share information, and address underlying needs and problems.
• The goal is to effect a long lasting solution to the issues, usually through the use of a written agreement that each participant signs.

What to expect in a Cooperative Resolution Program mediation session:

• The mediation will take place in a neutral setting and will not normally be held in the workplace of either party to the mediation.
• The mediator will open the session by explaining the process and his/her role in the process.
• The mediator will ask that each party be allowed to explain their perspective on the matter without interruption.
• The mediator will attempt to get the parties to communicate with each other on unclear points or points of disagreement.
• The mediator may caucus, that is, meet with each party separately. This is done to allow the mediator to clarify the issues. All discussion in a caucus is confidential unless either party gives permission to divulge specific information.
• During the caucus, the mediator will gather information from each party. When the joint discussion is resumed, he/she will try to focus on areas of agreement between the parties.
• The mediator will try to get the parties to communicate with each other to generate a mutually agreed upon and mutually beneficial resolution of each matter of concern.
• If the parties reach agreement, the mediator will record the agreement as dictated by the parties and provide each party with a copy of the signed agreement.
• If no agreement is reached, the party bringing the concern may decide to pursue other avenues of redress such as the grievance or EEO complaint process. NOTE: If you are planning to file a grievance or complaint you should probably not wait until after mediation to do so your filing time may run out. The grievance or complaint can always be withdrawn if the mediation is successful.

Responsibilities of the Parties in a Mediation:

• Have a clear idea of the problem and possible remedies. Remedies must be personal and cannot demand discipline of other employees and officials.
• Have open communication. All information will be kept confidential by the mediator, EXCEPT information that relates to fraud, waste, abuse, or illegal acts.
• Listen to the other party and mediator before making decisions.
• Ask questions to clarify any statements that are unclear. Make every effort to determine the underlying issues.

Remember, the mediator is not a judge or deciding official. He/she does not decide the outcome. The parties in mediation develop terms of the agreement or decide no agreement can be reached.