CEDRS
Mediation: Frequently asked questions
- What is mediation?
- Who comes
to a mediation session?
- CEDRS mediation Is....
- Who can use CEDRS services?
- CEDRS may be especially helpful
for...
- Prohibition of retaliation
- Enforceability of
agreements
- How do I get started using
CEDRS?
- Further information about
CEDRS
- Non-discrimination policy
What is mediation?
Mediation is a confidential way to find a solution to a problem between people. A trained person who doesn't take sides (the mediator) meets with the people who are experiencing the conflict, and helps them to talk about how the conflict has affected them, hear each others' points of view, clarify the issues, identify common interests, generate resolution options, design a collaborative strategy that will resolve the problem, and articulate the steps they will take to implement their agreement. Mediation is particularly well suited for concrete disputes between two or three people, and focuses on producing a clear plan for resolving the problem.
Who comes to a mediation session?
The intention of mediation is to give people who are involved in a dispute an opportunity to meet face-to-face in a safe and structured setting, to gain a greater understanding of one another's positions, and to develop an agreement for how to resolve the problem and move forward. Therefore, the primary disputing persons in mediation are asked to speak and negotiate for themselves. On occasion, these people may wish to bring others for support, advice, or decision-making authority. These additional individuals will only be allowed in the mediation session if all of the primary disputing persons agree to their participation.
CEDRS mediation is . . .
- Informal—Mediation is a way to have private, off-the-record
conversations, allowing people involved in a dispute to explore
their concerns and identify possible solutions.
- Effective—Mediation focuses on what can be done
in the future to address everyone's needs and resolve the problems
that led to the dispute.
- Neutral—Mediators are not judges and they do not
conduct hearings, find fault, decide outcomes, or impose penalties.
Neutral mediators help those in conflict to imagine, design, and
implement their own collaborative solutions.
- Free—Absolutely.
- Private and confidential—The mediation process offers a safe and open environment to talk about concerns and to explore resolution options. All mediators are ethically bound to standards of confidentiality. The mediators and staff of the CEDRS program will not share any information that is disclosed to them unless they are required to do so by law or judicial order, or unless the person sharing the information authorizes the disclosure. Participants agree at the outset to keep what happens in the mediation confidential.
Who can use CEDRS services?
Any employee may request CEDRS to help resolve a workplace conflict. Supervisors are especially encouraged to make use of this program, and are authorized to permit employees to participate in these services on work time.
CEDRS may be especially helpful for:
- Disputes, communication break-downs, and "personality conflicts" between supervisors & subordinates, co-workers, or colleagues;
- Frustrations and disagreements related to perceived unfairness or lack of clarity or consensus regarding mission, vision, work assignments, goals, evaluations or expectations;
- Interdepartmental conflicts.
Some examples of circumstances where CEDRS services will generally not be appropriate are:
- Disputes primarily related to the interpretation of a collective bargaining agreement,
- Cases involving claims of sexual harassment or employment discrimination,
- Cases involving some types of discipline and/or discharge for misconduct, criminal charges or serious threats to persons or property.
Prohibition of retaliation:
University policy prohibits retaliation against any person solely for requesting or participating in a facilitated dispute resolution process, or for raising an issue during mediation or conferencing.
Enforceability of agreements:
Mediated agreements between supervisors and their subordinates-that do not violate University policy, State or Federal law, or any relevant collective bargaining agreement-will be considered binding. Therefore, it is important that supervisors who come to the table have the authority to enter into a settlement, or have access to such authority during the mediated session if necessary, and that all parties make a good faith effort to uphold their agreements.
How do I get started using CEDRS?
Contact CEDRS at (269) 387-3406. CEDRS staff will provide a confidential consultation about your situation, and will help you choose which CEDRS service or other available resolution option may be of most assistance to you. If you choose to use one of our facilitated services, and our staff determines that your case is appropriate, CEDRS will contact all participants, will explain our services, and will encourage participation in the mediation or community conference. If all those involved agree to participate, impartial mediators are assigned to the case, and a one-to-three hour session is scheduled. Cases are often resolved during the first session.
Further information about CEDRS:
The full text of the policy document outlining the scope, services, and protections of WMU's CEDRS program is available online.
Nondiscrimination Policy
This policy is located on the Western Michigan University Policies Web page at http://www.wmich.edu/policies/non-discrimination.html.