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Alternate Dispute Resolution Mediation (ADRM) Program Overview

Boise State University offers mediation services for workplace disputes through a cooperative program and partnership with Boise State's Conflict Management Program and BSU Human Resource Services. Contact Human Resource Services, Alternate Dispute Resolution Program Manager, at extension 1616, to inquire about mediation services.

What is Mediation?

Mediation is a voluntary, informal and confidential method for addressing employee-related disputes. This service is available to all Boise State employees at no charge¹. Mediators do not make decisions for the parties, nor do they report on the substance or specific outcome of mediation to the supervisors or Human Resource Services with the exception of performance-based issues. Outcomes may be placed in employee files for accountability (copy to supervisor and HRS). Mediators report that the mediation occurred and when it is completed.

Mediation is negotiation using a neutral third party to help resolve a dispute. Mediators have no need either to judge guilt or decide who is right or wrong. They help the parties focus on remedies for the future. They assist people to reach their own solutions. Both sides must be willing to work together on the solution. A sincere desire to resolve the issue, and an open mind to possible solutions, including compromise, are essential to effective mediation. The mediator does not have the power to decide the case.

Mediation is informal; through thoughtful questioning, creative suggestion and active listening, the mediator attempts to foster a spirit of cooperation and guide the two sides to a mutually acceptable agreement. In some cases, one person may be able to mediate the dispute; in others, more than one mediator may be necessary.

What Mediation is NOT

Mediation is not arbitration. The mediator(s) will not come up with a solution or impose it upon the disputants. The mediator(s) will not choose a side and attempt to get the other party to agree. The role of the mediator(s) is to make sure that the parties involved clearly communicate with each other and attempt to resolve their own dispute. Mediators do not solve the problem.

Not all problems can be mediated. A termination, for example, is not a situation where mediation would be advised. Failing to get a promotion, or a position, a raise, or receiving an evaluation that is less than what an employee feels they should have received may or may not be situations that could be mediated successfully. Each situation would have to be evaluated as to whether mediation would be something to consider.

There will be a charge to the Department if outside mediators are used (i.e. Sounding Board)

ADR/Mediation Process at Boise State University

The parties to mediation will be asked to sign a Mediation Agreement and a Waiver and Consent Form containing the following points:

1. That mediation is a voluntary process.
2. Participants agree to assist the mediator or his/her designee in coordinating a schedule for mediation.
3. Participants agree to fully cooperate with the mediator, including the timely delivery of any documents the mediator may request.
4. Participants agree to allow each party to express their perspective and listen to the other party's concerns.
5. A mediator will encourage both parties to brainstorm options and solutions to the identified issues. Although the mediator will attempt to achieve consensus on every issue, the participants understand that consensus cannot always be achieved. If the participants cannot agree to the resolution of a particular issue, the mediation may terminate without resolution of that issue.
6. The mediator is acting as a neutral, third-party. Any agreements reached are between the parties. The mediator is not acting as an attorney, representative or in any supervisory or official capacity for Boise State University.
7. Should any portions of agreements require supervisor or Human Resource Service's approval, securing that approval is the responsibility of the parties.
8. Engaging in mediation does not preclude any other appeals or actions that an employee may elect to pursue.
9. Mediation is an attempt to settle a dispute and as such, is confidential. The mediator will draft a Mediation Summary document that all participants sign which summarizes issues being mediated and outcomes or solutions agreed to. This document is shared with only the parties requesting and/or agreeing to mediation with the exception of performance-based issues (these outcomes may be placed in employee files for accountability). Parties may agree to share or disclose the document beyond the scope of the mediation if so agreed upon and desired by all participants. (It is the parties' intent that disclosures made by the participants in mediation shall not be subject to disclosure in any further proceedings, administrative or judicial, that may occur. To the extent allowed by law, the participants in mediation agree that the mediator shall not be called to testify in any other proceedings, administrative or judicial, that may occur.)
10. Any participant or mediator may stop the mediation process at any time.

Mediation can be requested by either party by contacting a Human Resource Services (HRS), ADR Program Manager, at extension 1616, or located in the Administration Building, Room 218. The ADR/Mediation Program (ADRM) Manager will screen requests for mediation to ensure they are workplace issues that are appropriate for mediation. The ADRM Program Manager will contact the second party (respondent) to confirm that mediation is accepted.

What happens to the Problem Solving or Grievance "clock" during mediation? It is suspended pending mediation. If the mediation process is unable to resolve the issue, then the Problem Solving Process picks up where it left off. This must be coordinated with the ADRM Program Manager and department administrator to insure timeframes and appropriate agreements are followed.

Mediators will be selected from a list of trained mediators provided by the Office of Conflict Management Services and Human Resource Services.

ADR/Mediation Process

A typical mediation process includes the following steps to have the parties involved resolve a dispute.

1. Opening - the process is explained to both parties. The goal is to get an agreement from them to try to work out a solution they both can live with.
2. Each party, in turn, describes the conflict to the mediator(s). At some point in this stage, the parties should reach an understanding of one another.
3. The mediator assists the parties in creating ideas to resolve their issues.
4. If resolution is successful, the mediator will prepare a written resolution.
5. The agreement is reviewed to ensure that all germane issues have been successfully addressed. The agreement is signed by all parties. The agreement is kept between the parties if it is a non performance based or problem solving issue, or shared with Human Resources and appropriate department administrator.

ADR/Mediation Resources

The following resources will give you a more thorough understanding of the skills and processes involved in mediation:

           Mediation Theory and Practice, by Suzanne McCorkle and Melanie Reese. Allyn & Bacon Publishing, 2004.
           Getting to Yes: Negotiating Agreement Without Giving In, by Roger Fisher, William Ury, and Bruce Patton. This 1991 second edition, published by Penguin Books, is a foundation of modern conflict resolution practice. The authors discuss different strategies for resolving conflict and outline the important aspects of "interest-based" negotiating. Interest-based negotiating has since become a basic tenet of mediation practices around the world. Persons interested in learning more about alternative dispute resolution are encouraged to begin their search by reading this book.
           The Mediation Process: Practical Strategies for Resolving Conflict, by Christopher Moore. This 1996 second edition, published by Jossey-Bass Publishing is a comprehensive guide to the principles and practice of mediation. It offers strategies and techniques for every stage of the mediation process.
           The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition, by Robert Baruch Bush and Joseph Folger. This 1994 book published by Jossey-Bass Publishing discusses four unique mediation stories of how mediation has developed and is used in different cultures and situations. Bush and Folger's analysis of the mediation stories has sparked a great deal of discussion amongst mediation practitioners. Bush and Folger advocate the Transformation Story of mediation, where use of the mediation process serves to transform the character of individuals and of society.

Community Resources: Sounding Board