Generally, when issues arise individuals may not have the skills to properly address effective resolution techniques. Mediation may provide a safe and neutral setting for individuals to clarify their needs, communicate with each other more effectively and to identify and agree upon amicable solutions to their problem if given the change. Individuals with claims or disputes may contact my office for initial intake and review of the situation. We will assess the nature of the disputes and contact the parties involved to make mediation services available and request that the supervisors approve both time and expense for mediation services to be made available.
The EOD office may provide referrals for outside mediation from either one of two providers:
- Mitchell Hamline Dispute Resolution Center: This group specializes in cases of workplace disputes, supervisor-subordinate disputes, business and student-faculty or administrative issues.
- The Dispute Resolution and Center of St. Paul: This group specializes in personal and individual conflict, relationship conflict housing student and education-related matters.
Both organizations are highly competent, employ only qualified neutral mediators under the Minnesota Supreme Court Rule 114, have established protocols and reasonable pricing schedules for the services they provide. The use of a third-party or independent party afford greater confidentiality and impartiality, minimizes risk for liability or responsibility for the outcome of any disputed matters and provides access to qualified professional services.
Please contact our office to discuss how mediation may be of benefit to you. Our protocol for mediation services may be as follows:
- Any campus member may contact our office requesting assistance. an initial intake including a description of the problem, desired outcomes, and willingness to accept the terms of mediation will be explained
- With the permission of the first party and their supervisor, the EOD office will contact the other party to conduct an interview and to offer mediation services. If this is accepted again the EOD office will contact the supervisor to request permission to proceed with mediation.
- The EOD office will make the arrangements with either one of two providers
- The EOD office will make the referral of the case to the selected provider and that provider will then make contact with both of the parties following standard accepted practice
- A maximum of four hours will be provided by the institution and will be billed to the EOD account with a billing transfer to follow. Costs will be shared between the parties involved in the dispute.
- Should the need arise for additional time beyond four hours, this will be negotiated on an individual case basis between the parties and their supervisors, with the option that the individuals may pay for additional mediation if so desired
- At the conclusion of the mediation the identified vendor will simply provide a statement that mediation services were provided and the outcome of the mediation was successful or mediation services were provided and the outcome of the mediation resulted in no agreement.
- The individuals involved in the mediation will not be compelled to share any outcomes or any mediated agreements, unless this is discussed and agreed upon by those parties during the mediation. This approach is standard practice as provided for under the principles and guidelines of Rule 114 in the State of Minnesota
- Should the institution decide that it wishes to move forward with this or a similar mediation approach, a brochure will be created and the EOD website will be updated to include the listing of alternative dispute services as a part of EOD duties and responsibilities to the institution.
- Mediation will not be used and will not apply in cases where the dispute involves contracted or bargaining agreements, falls under the purview of the 1B.1 or 1B.3 policies unless as a part of these investigatory processes or by contractual agreement mediation is offered, is not a substitution for routine and direct communication between supervisors and subordinates peers or colleagues unless other forms of resolution have not produced acceptable results prior to the request for mediation.