Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

General Orders 300's > 300-33 Mediation > Flashcards

300-33 Mediation Flashcards

1
Q

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.

A

1) timely, fair, and equitable manner at the lowest possible level.
2) alternative to other department dispute resolution processes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Ineligible Issue.

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Mediation.

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Mediation Procedure.

A

The term used to describe all mediation-related activities collectively, including intake, education, interviews, mediation sessions, evaluations, and file closure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Mediation Process.

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Mediation Session.

A

The mediation meeting wherein the parties and the mediator assemble in private to discuss and negotiate the issues of concern.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mediator.

A

An individual selected to act as a neutral participant during a mediation session to facilitate the discussion of issues.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Participant.

A

Any party, Alternative Dispute Resolution Unit personnel, or mediator who has a role in the mediation procedures including any interview or meeting.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Party.

A

Any person having an interest in an issue or dispute forwarded to the Alternative Dispute Resolution Unit for resolution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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 _____

A

1) Alternative Dispute Resolution (ADR) Unit
2) Division commanders
3) ADR’s Mediation Section.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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, ____.

A

1) 60 calendar

2) 60 calendar days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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.

A

1) its nonpunitive nature

2) object to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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…

A

1) make a diligent effort
2) assistant chief over ADR
3) provide the requested information to ADR personnel in a timely manner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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.

A

1) participate in a mediation session

2) mediator evaluator or a mediator in training

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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.

A

1) representative

2) consult with a representative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

INTEGRITY OF MEDIATION

Mediators and ADR personnel performing duties in connection with ADR and mediation procedures are required to know and abide by the provisions of this General Order and the Mediation Section’s standard operating procedures.

All participants involved in the mediation procedure, including nonemployees, are required to…

Mediators and ADR personnel shall not request or accept any gift or other form of personal benefit, either directly or indirectly, from any party in the mediation procedure when…

A

1) abide by the mediation rules, procedures, and policies communicated to them by the mediators and ADR personnel.
2) such benefit is for services provided in the mediation procedure

18
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

a.
In cases with multiple parties in the mediation, each party shall…

A

speak one at a time and only for himself or herself.

19
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

b.
The mediation procedure is confidential and all applicable laws and policies governing confidentiality bind all participants. The confidentiality rules apply to all…

A

aspects of the mediation procedure including intake, interview, mediation session, caucus, and case processing by ADR personnel.

20
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

c.
All persons participating in a mediation session are prohibited from bringing a ____ to the mediation session. This applies even to employees in uniform.

There are no exceptions to this rule.

A

weapon of any type

21
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

d.
Lock boxes shall be available in ADR to safely secure weapons. At all other facilities where mediation sessions are to be held, ADR personnel shall…

A

identify secure locations for weapon storage.

22
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

e.
Each participant in the mediation session shall contact ADR to confirm his or her attendance at least ___hours prior to the scheduled mediation.

A

24

23
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

f.
Violations of any mediation procedure law, department policy, or mediation agreement, including confidentiality, during or after any mediation proceeding, shall be grounds for _____

A

disciplinary action.

24
Q

MEDIATION PROCEDURE RULES

The rules listed below apply to every aspect of the department’s mediation procedure.

g.
If any participant fails or refuses to follow any mediation rule, procedure, or policy to the extent the mediator is unable to control the mediation, the mediation shall…

A

be stopped.

25
Q

CONFIDENTIALITY

The mediation procedure is confidential. All interviews, mediation sessions, and documents created during the procedure are confidential according to applicable laws and department policies.

If a mediation procedure participant has a question regarding whether a particular matter about which he has knowledge should be reported, the participant may _____ without violating the confidentiality requirement.

A

consult with ADR personnel about the effect of the confidentiality guidelines

26
Q

CONFIDENTIALITY

No ____ is permitted during the mediation procedure, including any part of the mediation process, mediation session, interview, or meeting.

Only the _____ may disclose their agreement pursuant to the disclosure agreement reached during mediation.

A

1) photograph, video, or audio recording

2) parties to a mediation agreement

27
Q

CONFIDENTIALITY

Except as required by applicable laws and department policies, no employee shall be compelled to disclose or otherwise testify regarding any…

A

matter discovered during any mediation procedure, including an interview or mediation session

28
Q

CONFIDENTIALITY

Exceptions to the confidentiality rule include…

These cases shall be reported in accordance with applicable laws and department policies.

A

substantive allegations of child abuse or neglect and substantive allegations of abuse, exploitation, or neglect of an elderly or disabled person discovered during an interview or mediation session.

29
Q

MEDIATORS

Mediators shall conduct each mediation session in accordance with all applicable laws, rules, and policies.

Mediators shall conduct each mediation session in a manner that avoids causing…

Mediators shall withdraw from service in a mediation session if their participation in the mediation session would…

A

1) undue harm to all parties participating in the mediation process
2) violate a law or policy or if they lack sufficient experience to manage the issues in dispute.

29
Q

MEDIATORS

Mediators shall conduct each mediation session in accordance with all applicable laws, rules, and policies.

Mediators shall conduct each mediation session in a manner that avoids causing…

Mediators shall withdraw from service in a mediation session if their participation in the mediation session would…

A

1) undue harm to all parties participating in the mediation process
2) violate a law or policy or if they lack sufficient experience to manage the issues in dispute.

30
Q

MEDIATORS

Qualifications

All mediators must acquire and maintain the necessary skills to mediate prior to conducting department sponsored mediation. Mediators may be temporarily or permanently removed from the mediator pool for ____.

Qualifications and standards for mediators shall be determined by ____. All mediators, regardless of their assignment, shall adhere to these qualifications and standards.

Failure to provide a valid excuse for a mediation absence may result in a…

A

1) good cause
2) ADR
3) mediator being removed from the mediator pool and disciplinary action.

31
Q

MEDIATORS

Selection

Each party to mediation shall have an opportunity to participate in the selection of a _____.

In special circumstances (e.g., the parties cannot agree, the selected mediator is not available, an emergency situation occurs) a mediator may be appointed by an _____.

A

1) mediator

2) ADR supervisor

32
Q

MEDIATORS

Neutrality

Mediators and ADR personnel shall not serve in cases in which they have a personal interest in the outcome of the mediation.

Every mediator shall be neutral while conducting a mediation session and shall avoid the appearance of…

Prior to the mediation session, mediators shall disclose any…

A

1) favoritism, prejudice, or bias

2) circumstances likely to create an appearance of bias.

33
Q

UNRESOLVED ISSUES

A situation in which parties in a mediation process are unable to reach an agreement is called an impasse. The rules of confidentiality also apply to cases ending in impasse.

When handling unresolved issues, ADR may do any of the following:

a.
Return them to ___.

b.
Refer them to another section of ___.

c.
Refer them to the ____ for ADR closure as indicated below.

A

a.
Return them to CIO.

b.
Refer them to another section of ADR.

c.
Refer them to the assistant chief over ADR for ADR closure as indicated below.

34
Q

UNRESOLVED ISSUES

ADR Closure of Unresolved Issues

The assistant chief over ADR may close an unresolved mediation issue if one of the following situations applies:

a.
Mediation is the only appropriate process to resolve the issue and the parties have reached an…

b.
Mediation is the appropriate first step in the department’s issue resolution process and a…

A

1) impasse or a party refuses to participate in the mediation procedure.
2) party refuses to participate in the mediation procedure

35
Q

RESOLVED ISSUES

Issues resolved through the mediation procedure are closed and shall not be…

A

eligible for resolution in any other department process.

36
Q

MEDIATION SESSION ATTIRE

Each participant in a mediation session is required to dress appropriately for the mediation.

Male mediators shall wear a suit and tie or a sports coat and tie.

Female mediators shall wear a business suit and blouse combination, or a conservative dress, pantsuit, or blouse and skirt combination.

All other employees shall wear business or casual business attire, or their City
issued uniform.

Employees shall not wear jeans, shorts, beach attire, athletic shoes, or…

A

any clothing that distracts from the mediation process.

37
Q

MEDIATION DOCUMENTS

All mediation case files are strictly confidential. Only a ____ shall be returned to CIO or routed to another ADR section.

At the conclusion of the mediation session, all documents, writings, forms, materials, and other records generated as part of the mediation session shall be destroyed except the…

These records shall be retained according to approved records retention guidelines.

Documents created and information discovered prior to or subsequent to and outside the mediation procedure…

A

1) notice of referral and information originally received from CIO
2) mediation agreement and the original Issue Record Form, including attachments.
3) may be disclosed

38
Q

MEDIATION AGREEMENTS

Agreements made during a mediation session shall be documented and…

The agreement shall be enforceable according to applicable laws and department
policies.

Mediation agreements may not violate or circumvent any law or Police Department policy.

Each party must possess the authority to agree to each provision of the agreement and possess the ability to abide by those provisions.

The parties may agree among themselves to restrict disclosure of their agreement. However, parties may not restrict the right of enforcement or disclosure in cases involving…

ADR personnel may release a copy of the mediation agreement only to…

A

1) may be reduced to writing.
2) a breach of the agreement or a breach of confidentiality.
3) a party to the agreement.

39
Q

OVERTIME

Whenever possible, mediation procedures and training shall be scheduled during the normal work shift of the participants.

All employees participating in mediation procedures or training, including mediators, shall be compensated for participation according to department policy.

All requests for payment of overtime or the accrual of compensatory time related to mediation procedures or training shall be submitted to _____ prior to being submitted to the employee’s own division.

After ADR has verified the request, the employee shall submit the overtime request form to the…

A

1) ADR for verification

2) employee’s regular assigned division for approval and entry

40
Q

MEDIATION REPORTS

Mediation reports generated by ADR shall not contain any specific participant information that could be used to…

A

identify any party to a mediation or that would violate confidentiality.

41
Q

PENALTIES

The mediation procedure is not punitive and participants shall not be penalized or disciplined for participating.

However, mediation cannot shield any employee from…

Any violation of the confidentiality laws or policies, breach of a mediation agreement, or act of retaliation related to mediation shall be…

A

1) an investigation of a violation of the law, for any issue not resolved, or for any issue not eligible to be resolved in mediation.
2) investigated according to department policy and may be grounds for disciplinary action

General Orders 300's (32 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions