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Centers
for Disease Control & Prevention
Office of the Director
Alternative Dispute Resolution & Conflict Prevention
1600 Clifton Road
Mailstop D-67
Atlanta, GA 30333
(404) 371-5470 |
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It is important that parties to mediation have at least a basic
understanding of the process and feel comfortable with the process prior
to participation. Therefore, the following information is provided to all
parties for their review prior to the meeting.
What is Mediation: Mediation is an informal process in which the
parties discuss their dispute(s) in the presence of an impartial person,
typically referred to as a neutral, who assists them in resolving the
matter. Mediation is completely voluntary and any resolution must be
acceptable and agreed upon by all the parties to the mediation. Mediation
offers the advantage of informality, with reduced time and expense needed
to resolve disputes, as well as minimizing workplace disruption. All
discussions are held in the strictest confidence, no records or files are
maintained by the Alternative Dispute Resolution Office. A copy of the
resolution agreement is maintained for cases where resolution is achieved.
All notes taken by the neutral or the parties to mediation are destroyed
at the conclusion of the mediation and prior to departing the location of
the mediation. Sometimes it may be helpful to share information with the
other party in order to facilitate resolution of a matter. However, this
will NOT be done without the party’s express
permission to do so. Mediations are usually conducted in the conference
room at the Alternative Dispute Resolution Office in order to promote the
neutrality and confidentiality of the process.
What occurs during Mediation: The process occurs in a very private
and informal setting. Typically the parties as well as the neutral sit
around a table. The neutral makes an opening statement including the
establishment of ground rules regarding the process and conduct to be
followed by the parties. Then each party will have an uninterrupted
opportunity to present the issue from their point of view. Once the issues
have been defined, the parties generate settlement or resolution options.
The neutral may ask clarifying questions or meet with the parties jointly
or separately, in what is called a caucus, in order to help them explore
settlement possibilities. If resolution is attained, the agreement is
formalized in a written Resolution Agreement, which is a binding
agreement. All communications within the context of mediation are
privileged and may not become the subject of a complaint. Parties are
asked to keep confidential all discussions that take place during
mediation.
Representation: Participants in mediation may be represented by
persons of their choice. The names and telephone numbers of such persons
shall be communicated to all parties prior to the scheduled mediation date
and time. Under circumstances where employees are represented by a Union,
the Union may elect to have a representative attend the mediation.
WHY MEDIATE?
It’s Flexible: Mediation provides a non-adversarial opportunity
to resolve issues, concerns and disputes that are inevitable in the
workplace. Mediations are scheduled promptly, usually within a week of
receipt of the request.
It’s Confidential: Information disclosed in the course of the
mediation shall not be divulged. All records, reports, or other documents
received by a mediator while serving in that capacity shall be
confidential. The mediator shall not be compelled to divulge such records
or to testify in regard to the mediation in any adversary proceeding or
judicial forum.
It’s Private: Mediation sessions are private. The parties and
their representatives may attend mediation sessions. Other persons may
attend only with the permission of the parties and with the consent of the
mediator.
No Records: There shall be no written record of the mediation
process other than a copy of the resolution agreement for those cases that
are resolved.
Neutral: Mediators, often referred to as neutrals, are unbiased
third parties. They are NOT employee advocates or
management representatives. They are not judges and have no authority to
make decisions. Their only objective is to assist the parties in achieving
mutually acceptable resolution of disputes.
Termination of Mediation: The mediation may be terminated by the
execution of a Resolution Agreement by the parties or by a declaration by
the parties or the mediator that further efforts at mediation are no
longer productive or worthwhile.
Exclusion of Liability: The mediator is not a party in judicial
proceedings relating to the mediation.
Date, time and place of Mediation: The mediator shall fix the date,
time and place of each mediation session. Efforts are made to conduct the
mediation session away from the worksite of any of the parties involved.
Mediations are usually conducted in the conference room at the Alternative
Dispute Resolution Office in order to preserve the neutrality and
confidentiality of the process.
Authority of the Mediator: The mediator does NOT
have the authority to impose a settlement or resolution on the parties but
will attempt to help them reach a mutually satisfactory resolution of
their dispute. The mediator is authorized to conduct joint and separate
meetings with the parties. The mediator is authorized to end the mediation
whenever, in the judgment of the mediator, further efforts at mediation
would not contribute to a resolution of the dispute between the parties.
Primary Advantage of Mediation: The parties to a dispute are
encouraged to exercise considerable flexibility and creativity in working
together to reach a mutually acceptable resolution thus improving
communication, ownership and increasing in the likelihood that the
resolution will be long lasting. They retain control over the outcome of
the process. Disputants have nothing to lose since they retain the right
to return to either the grievance or EEO process if the matter is not
resolved.
Please contact the ADR office at (404) 371-5470 with questions regarding
the mediation process.
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