300-33 Mediation Flashcards
The department, through the alternative dispute resolution process, seeks to enhance communication between employees or between employees and citizens and resolve work-related issues in a…
When appropriate, the mediation procedure is provided to employees and citizens as an _____ and is not intended to replace any existing process.
The department’s mediation procedure is established in accordance with applicable statutory provisions and the Code of Ordinances, City of Houston, Texas, Chapter 14. The mediation procedure is coordinated by the department’s Alternative Dispute Resolution Unit.
1) timely, fair, and equitable manner at the lowest possible level.
2) alternative to other department dispute resolution processes
Ineligible Issue.
An issue is ineligible for any alternative dispute resolution process, including mediation, if it can be substantively described as a Class I policy violation or if it is so egregious that it threatens the integrity of the Houston Police Department (e.g., child abuse or neglect).
An issue may be ineligible for mediation if the nature or magnitude of the issue makes it impractical for mediation. Certain management decisions, discipline, or policy issues may not be eligible for mediation.
Mediation.
A forum in which an impartial person, the mediator, facilitates communication
between parties to promote understanding, reconciliation, or settlement that may result in an agreement.
Mediation Procedure.
The term used to describe all mediation-related activities collectively, including intake, education, interviews, mediation sessions, evaluations, and file closure.
Mediation Process.
The steps constituting the structure of a mediation session, including introduction, opening statements, two-way exchange, issue clarification, option generation, negotiation, agreement writing, reality testing, and closure.
Mediation Session.
The mediation meeting wherein the parties and the mediator assemble in private to discuss and negotiate the issues of concern.
Mediator.
An individual selected to act as a neutral participant during a mediation session to facilitate the discussion of issues.
Participant.
Any party, Alternative Dispute Resolution Unit personnel, or mediator who has a role in the mediation procedures including any interview or meeting.
Party.
Any person having an interest in an issue or dispute forwarded to the Alternative Dispute Resolution Unit for resolution.
INITIATING MEDIATION
Employees may request mediation themselves by directly contacting the _____.
_____may refer issues directly to ADR with a recommendation that they be mediated.
Issues received first by the Central Intake Office (CIO) shall be screened to determine if they may be eligible for mediation.
If the issue is possibly eligible for mediation, CIO shall refer it to _____
1) Alternative Dispute Resolution (ADR) Unit
2) Division commanders
3) ADR’s Mediation Section.
INITIATING MEDIATION
Ineligible Issues
ADR shall review issues referred to the Mediation Section to ensure that they are mediation eligible. Issues ineligible for mediation may be:
a.
Returned to ____.
b.
Referred to another section of ____.
c.
Closed in ____as indicated in section 11, Unresolved Issues, of this General Order.
a.
Returned to CIO.
b.
Referred to another section of ADR.
c.
Closed in ADR as indicated in section 11, Unresolved Issues, of this General Order.
TIME CONSIDERATIONS
Issues eligible for resolution through mediation shall be processed and completed within _____ days from the date the issue was received in the Mediation Section.
Reception of issues in the Mediation Section that are eligible for resolution through other department processes (e.g., grievance, Internal Affairs, Employee Representative Council) causes the applicable issue processing time requirements to be suspended up to, but no more than, ____.
1) 60 calendar
2) 60 calendar days
48-HOUR NOTICE REQUIREMENT
The 48-hour notice requirement is waived for all issues referred to the mediation procedure due to ____.
Employees may not ____ any mediation meeting because a 48-hour notice was not issued.
1) its nonpunitive nature
2) object to
COOPERATION WITH ADR PERSONNEL
Employees shall cooperate with ADR personnel in scheduling appointments for interviews, mediation meetings, and any other procedures deemed necessary by ADR personnel.
Participants shall _____ to keep appointments and attend mediation sessions. If attendance is not possible, participants shall notify ADR personnel in a timely manner and provide an explanation.
The _____ may mandate a participant’s attendance in mediation.
Employees asked to participate in an evaluation of the mediation process shall…
1) make a diligent effort
2) assistant chief over ADR
3) provide the requested information to ADR personnel in a timely manner
MEDIATION SESSION
Unless indicated otherwise in this section, only the parties in mediation and the mediator may…
A translator may assist in the mediation if necessary.
A ____ may be permitted to observe mediation.
1) participate in a mediation session
2) mediator evaluator or a mediator in training
REPRESENTATION
A party shall not have a ____present during a mediation interview or session.
A party may ____ prior to or after a mediation interview or session.
1) representative
2) consult with a representative