Re: Mediation Conference Between [Complainant/Grievant]
and [Management Official]
Dear: [Complainant/Grievant] and [Management Official]
As we discussed, mediation is a voluntary, informal,
and confidential process to resolve disputes. I am writing to confirm
the scheduling of the mediation conference that we discussed. Because
mediation may be new to you, I thought you should know what to expect.
A.
Mediation Conference: Schedule and Expected Duration
I will conduct the mediation at the location and
time shown on the last page of this letter. It is not unusual for
the mediation session to last 4-6 hours. If this amount of time is
not possible, please advise me immediately and I will reschedule the mediation
for another day or time.
B.
What is Mediation and How Does it Work?
This is not a legal proceeding.
Equally important, as a mediator I do not provide legal advice or legal
counsel. Also important, by agreeing to mediation [name of Complainant/Grievant]is not waiving his/her right to proceed with the formal
legal dispute resolution process, provided that he/she files a timely complaint/grievance.
Accordingly, if you are unsure of the amount of time you have to file a
complaint or grievance, please be sure to check with your counsel/representative
or the appropriate officials.
Success in mediation depends on all participants
being prepared to participate fully in the mediation process, including
presenting documentation you feel is necessary to support your position.
1. Phases of the Mediation Conference
The mediation conference begins with an opening statement
from me regarding my role as a neutral. I am not an advocate or legal
representative for or against either party. After the opening statement,
I will ask the Complainant/Grievant, to tell me in his/her own words about
the complaint and what type of remedy he/she is seeking. I will then
give the management representative an opportunity to describe the dispute
from their standpoint. After the opening statements, you and the
other party will enter into a joint discussion where clarifying questions
can be asked, and potential solutions, if any, can be discussed.
At this point, I may ask to meet privately (caucus)
at least once with each participant. Information discussed in your
caucus is given to me in confidence and will not be shared with anyone
else, subject to the limitations discussed below. Following the caucuses,
I may reconvene the joint session and determine if there is any area of
agreement on any issue. If not, the parties will continue to negotiate,
possibly re-caucusing with me until it is clear that a settlement is or
is not going to emerge at this session. Either party will be free
to consult with appropriate legal, union, or management representatives
to apprise them of their legal rights and/or authority to agree to certain
terms in the proposed settlement agreement.
If a settlement is reached, I will draft the terms
of a settlement agreement that is acceptable to all parties and, if present,
their representatives. Appropriate management or legal personnel
also will need to review and authorize a commitment to the settlement terms
before they are effective.
A signed settlement agreement is intended to be binding
on the parties. Accordingly, the agreement can generally be used
as evidence in a later proceeding in which either of the parties alleges
a breach of the agreement. It is also important that the participants
understand that any written agreement reached during the course of the
mediation could eventually become public record.
2. Confidentiality
Confidentiality is a critical part of the process.
If you tell me something in private and ask me to keep it confidential,
I am bound by law not to disclose this information voluntarily.
There are some obvious exceptions to this rule, but I do
not expect them to arise during our mediation. For example, if you
confess to the commission of a criminal offense, or to an act of fraud,
waste, or abuse, or that you plan to commit a violent physical act, I may
be required to share this information with appropriate authorities.
If a judge determines that disclosure of our private confidential discussions
is necessary to prevent a mainifest injustice, establish a violation of
law, or prevent harm to the public health or safety, we may be required
by a court to disclose our private discussions. As a point of reference
as to how often these circumstances occur, the Air Force has conducted
hundreds of mediations to date and the confidential discussions between
a mediator and a party have never been disclosed by an Air Force mediator.
Having said that, I want you to please remember
that facts that were discoverable before the mediation session do not become
confidential merely because they were presented during a mediation conference.
It is only those things you say or write in confidence to me
during the mediation that I will not disclose, unless one of the
unusual exceptions I discussed above applies. This means that both
the mediation agreement and the resulting settlement agreement, if any,
are not confidential. For example, certain Air Force
officials will have to review the proposed settlement agreement before
it becomes binding on the Air Force -- so the agreement itself cannot be
kept completely confidential.
You must agree that, should this mediation not resolve
your dispute, you will not request information from me in any future legal
proceeding -- unless of course you have a dispute with me as a result of
the mediation process. If anyone asks you to provide information
about what was discussed in this mediation session, it is very important
that you say nothing and that you immediately notify the Air Force Central
Labor Law Office (CLLO) at DSN 426-9158 or (703) 696-9158. The CLLO
will provide guidance about how to respond. As a matter of policy,
the Air Force will defend you and me against all discovery requests that
seek information related to this mediation session.
3. Your Right to Representation
Either party may choose to come to the mediation
conference alone, with a representative, or with legal counsel, subject
to locally negotiated policies for bargaining unit employees. If
you plan to have a representative present, please let me know as soon as
possible so that I can be sure the other side has the opportunity to bring
a representative as well.
C.
Conclusion
To sum up, mediation is an informal process designed
to achieve a solution to the problem which satisfies all parties and negates
the need for further legal action on anyones behalf aside from those steps
that may be agreed to as part of a settlement agreement. I look forward
to working with you in an effort to resolve the dispute to everyones satisfaction.
If you need more information, you may call me at
or fax me at [mediator's number]. One last thing, before
I can mediate, Air Force Mediation Guidance requires me to obtain from
you the attached Acknowledgment of Receipt, Process Understanding and Agreement
to Mediate. Please mail or fax it to me as soon as possible.
We recommend you keep a copy for your records.
