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St. Cloud State University

St. Cloud State University

Mediation Project - St. Cloud State University

Mediation Program Description

Joint Committee on Workplace Dispute Resolution
Original Version: 10/22/97
Revised Version: 10/24/00
This Version: 3/18/00

SCSU Mediation Program
AFSCME, FA, MAPE, MSUAASF, MMA, MNA
Workplace Dispute Resolution

Purposes

  1. To encourage the use of voluntary mediation as an alternative means of resolving workplace disputes arising among and between SCSU employees which might otherwise remain unresolved or be processed through the grievance/complaint procedures. The SCSU employees currently covered under this plan include members of the following:
    • American Federation of State, County, and Municipal Employees (AFSCME)
    • Faculty Association (FA)
    • MAPE (Minnesota Association of Professional Employees)
    • Middle Management Association (MMA)
    • Minnesota Nurses Association (MNA)
    • Minnesota State University Association of Administrative and Service Faculty (MSUAASF)
    • SCSU MnSCU Administrators
  2. To assist the AFSCME, FA, MAPE, MMA, MNA, MSUAASF, and the SCSU MnSCU Administrators in addressing disputes where the parties
    1. believe the issue might be better handled outside the normal grievance process, or
    2. desire to resolve the problem locally.

The Mediation Model

Mediation is defined for this project as the voluntary process in which two or more disputants engage in an attempt to negotiate or resolve their dispute with the aid of a mediator or team of mediators who serve to facilitate both parties. The mediator does not decide who is right or wrong but rather aids both parties in arriving at a solution to the dispute. The solution to the dispute must not violate the agreements between MnSCU and the collective bargaining units or applicable laws and federal and state statutes. The mediator controls all of the procedural aspects of the mediation process, but only the disputants determine and reach appropriate and voluntary settlement. Depending upon the nature of the dispute settlement, additional personnel might be required to approve the dispute settlement where appropriate.

Each party in a dispute comes to mediation with the objective of "negotiating" a settlement with the other party. Each disputant is expected to come to mediation in good faith. Good faith means that each disputant comes to mediation in order to genuinely attempt to reach a voluntary settlement and resolve the dispute. If secondary objectives surface in the mediation process that indicate that either party is not acting in good faith, the mediation process will be terminated. There are no "winners" or "losers" in the mediation process. All parties can expect to find their way toward a mutually agreeable solution.

Mediation has been shown to be an effective means of alternative dispute resolution (ADR) in a collective-bargaining environment. Some advantages of mediation include early closure of disputes and much lower costs when compared to arbitration.

Coordinating Committee, Mediator Coordinator, and Mediators

  1. A joint committee consisting of up to three members for each bargaining unitand the administration will be established to oversee and implement the SCSU Mediation Program. Each group selects its own representatives. This committee will be known as the Coordinating Committee.
  2. A pool of bargaining-unit and administration members will be established to serve as mediators. Mediators must have taken the SCSU Mediation training, which focuses on both the relevant contracts and on interest-based mediation practices. They must attend the regular meetings of the mediators convened by the Mediator Coordinator.
  3. The main responsibility of the Coordinating Committee is the management of the SCSU mediation project by
    • marketing the project to the community
    • evaluating each Request for Mediation to see if the case is appropriate for mediation
    • promoting the project and its interests within the university and the MnSCU system
    • assessing, evaluating and modifying the SCSU mediation project and writing an annual summary report
    • appointing the Mediator Coordinator or Co-Coordinators
    • recommending appropriate mediation practices
    The Coordinating Committee will seek regular feedback from the bargaining units, administration, and mediation participants regarding the effectiveness of the SCSU mediation project.
  4. The Mediator Coordinator sits on the Coordinating Committee and serves as liaison between the Coordinating Committee and the mediators, convenes regular meetings for mediators, and reports on the status of mediations when necessary and possible.
  5. Mediators participate in mediations, meet regularly to work on mediation skills and to discuss problems in ongoing cases, and support parties during intake process where possible.
  6. The Mediator Coordinator, the members of the Coordinating Committee, and the Mediators are all responsible for organizing and facilitating intake for parties requesting mediation.
  7. The Coordinating Committee and mediators will be provided with skills training for dispute resolution with particular focus on interest-based problem solving, conflict resolution, and mediation.
  8. Compensating mediators for mediation services rendered as part of the SCSU mediation project still needs to be addressed. The Coordinating Committee will make recommendations concerning the process and procedures of compensation to be used. The Coordinating Committee's recommendations regarding compensation will be taken to the Meet and Confers for all relevant units on campus.
  9. Relationship between mediation process and current grievance procedures.
    Each bargaining unit agrees with the SCSU administration not to use mediation for purposes of discovery in grievances. The bargaining units and administration have defined the following models of mediation:
    • AFSCME
      No issues under the collective-bargaining agreement can be brought to mediation.
    • FA - Grievance Mediation Model
      Any issue under the collective-bargaining agreement can be brought to mediation. In the case of a grievance, an attempt to resolve the problem at the informal step should precede the Request for Mediation form.
    • MAPE - Grievance Mediation Model
      Any issue under the collective-bargaining agreement can be brought to mediation. In the case of a grievance, an attempt to resolve the problem at the informal step should precede the Request for Mediation form.
    • MMA
      No issues under the collective-bargaining agreement can be brought to mediation.
    • MNA
      Minnesota Nurses Association has expressed interest in being part of this project, but we don't have wording yet on how mediation relates to their collective bargaining agreement.
    • MSUAASF - Grievance Mediation Model
      Any issue under the collective-bargaining agreement can be brought to mediation. In the case of a grievance, an attempt to resolve the problem at the informal step should precede the Request for Mediation form.
    • SCSU Administrators
      No issues under the MnSCU Administrator Plan can be brought to mediation.
    The Coordinating Committee will review the Request for Mediation and will discuss and confirm whether mediation is appropriate for a particular dispute.
  10. The Coordinating Committee decisions shall be arrived at by consensus. Consensus is not unanimity but a process where each group member has an opportunity to provide his or her voice and views on the issue at hand. Even if there is not agreement among the members of the Mediation Coordinating Committee, consensus has been reached if all members feel they have been given a fair chance to make their case. Significant unresolved issues should be addressed, through mediation or at the appropriate Meet and Confer.
  11. Any issues or problems regarding the SCSU Mediation project will be addressed by the Coordinating Committee. The Coordinating Committee may make recommendations for changes in the project through appropriate channels, such as Meet and Confer.

Mediation

  1. For disputes that the Coordinating Committee has deemed appropriate for mediation, the mediator coordinator will assign mediators. Appropriate information may be used in the assignment of a mediator such as prior involvement in a dispute, time conflicts, work unit assignment, and so on.
  2. Mechanism by which the mediation model is implemented:
    • AFSCME
      The parties have the right to decline to participate in the mediation procedure.
    • FA
      The parties have the right to decline to participate in this mediation procedure and to have the matter processed through the normal grievance procedure or other appropriate procedure(s). All relevant timelines, such as grievance timelines, shall be deferred. Filing the Request for Mediation automatically suspends any timelines issues. The "clock" restarts at the termination of the mediation process or if the Coordinating Committee determines that the dispute is inappropriate for mediation. However, the mediation process shall be concluded within a reasonable timeline as determined by the Coordinating Committee.
    • MAPE
      The parties have the right to decline to participate in this mediation procedure and to have the matter processed through the normal grievance procedure or other appropriate procedure(s). All relevant timelines, such as grievance timelines, shall be deferred. Filing the Request for Mediation automatically suspends any timelines issues. The "clock" restarts at the termination of the mediation process or if the Coordinating Committee determines that the dispute is inappropriate for mediation. However, the mediation process shall be concluded within a reasonable timeline as determined by the Coordinating Committee.
    • MMA
      The parties have the right to decline to participate in the mediation procedure.
    • MNA
      Minnesota Nurses Association has expressed interest in being part of this project, but we don't have wording yet on the mechanism by which mediation will be implemented.
    • MSUAASF
      The parties have the right to decline to participate in this mediation procedure and to have the matter processed through the normal grievance procedure or other appropriate procedure(s). All relevant timelines, such as grievance timelines, shall be deferred. Filing the Request for Mediation automatically suspends any timelines issues. The "clock" restarts at the termination of the mediation process or if the Coordinating Committee determines that the dispute is inappropriate for mediation. However, the mediation process shall be concluded within a reasonable timeline as determined by the Coordinating Committee.
    • SCSU Administrators
      The parties have the right to decline to participate in the mediation procedure.

Procedural Groundrules for Mediation

  1. All dispute resolutions shall be treated as non-precedential unless mutually agreed to by the bargaining units and the administration, and shall not be used for discovery in other processes - for example, for grievance or other processes, within the confines of applicable statutes (e.g., see Rule 114).
  2. Mediation must be voluntary.
  3. Mediators, members of the Mediation Coordinating Committee, and the Mediator Coordinator must agree to confidentiality of the mediation process. Mediator, Mediation Coordinating Committee, or Mediator Coordinator violations of confidentiality shall be addressed by the Mediation Coordinating Committee; the Coordinating Committee will sanction on a case-by-case basis, depending upon the severity of the violation.
  4. The formal records of the mediation that exist are the Request for Mediation, the Agreement to Mediate, the Evaluation by the parties, the Evaluation by the Mediators, and the summary of the disposition and agreement. Any formal record used for assessment will be redacted to protect the confidentiality of all parties in the process. The Agreement to Mediate shall be kept secure and confidential in the Office of the President of the University. For purposes of confidentiality, all records except the Agreement to Mediate shall be destroyed at the end of the academic year in which the mediation terminates.
  5. Any party may request a written agreement. If both parties agree and construct a written agreement, then it becomes one of the formal records of the mediation.
  6. Each disputant has the authority to approve or disapprove any settlement.
  7. All parties in a mediation as well as the Mediation Coordinating Committee, the Mediator Coordinator, and the mediators may recommend additional parties or consultants to the mediation. All parties in the mediation, including the mediators, must agree voluntarily to include the additional parties or consultants, or they will not be added to the mediation.
  8. Complaints Filed with Outside Authorities
    1. Participants in any mediation have an obligation to inform all parties of any complaints regarding the same dispute which are filed with outside authorities, including the EEOC, the Human Rights Department, and civil and criminal courts. Upon such disclosure, the mediation effort will be terminated unless by mutual agreement all parties wish to continue in the mediation process.
    2. The same policy will apply to disputes referred to mediation which have already been formally filed with an outside authority. That is, the obligation to disclose the complaint applies, and the mediation shall require the affirmative agreement of all parties before it proceeds.
  9. The mediator has full authority in all other procedural issues relating to the conduct of mediation meetings.

Assessment

The Coordinating Committee shall formally report the results of its assessment to the bargaining units and the SCSU Administration along with any recommendations. The evaluations of the mediators shall be summarized annually. All confidential information shall be redacted for the purposes of assessment and reporting so that confidentiality will not be compromised.

Final Remark

Since the SCSU Mediation Project represents a cooperative effort between AFSCME, FA, MAPE, MMA, MNA, MSUAASF, and SCSU MnSCU Administrators, nothing relating to this program will be grievable under any collective-bargaining agreement, within the confines of applicable laws and state and federal statutes.

Signatures

SCSU President, Roy Saigo Date
AFSCME President, Laurie Luethmers Date
FA President, Theresia Fisher Date
MAPE President, Mike Terhune Date
MMA President, Ron Gerads Date
MSUSAAF President, Shahzad Ahmad Date