1. What if I want mediation and the other person doesn't?
Mediation is voluntary. If one person chooses not to participate,
mediation cannot take place.
2. What if I want mediation and don't want to ask the other
person to participate?
The program manager can contact the other person to ask if they
are interested in trying mediation.
3. Can you use mediation instead of disciplinary action?
Mediation cannot be used to replace disciplinary action. However,
it can be used in addition to the action in order for each person to
better understand the other's view.
4. If the mediation is unsuccessful, will mediators go to court or
testify about his issue?
No, mediation is confidential. All people in mediation sign a
confidentiality agreement before a session takes place. That
includes a clause that prohibits mediators from being asked to
testify.
5. Do I need an attorney?
No, attorneys do not usually attend the mediation session. If you
have an attorney, please let the KEMP manager know before the
mediation. If an appeal has been filed with the Personnel Board,
the agency attorney attends the mediation.
6. Is there a charge for mediation?
No, mediation is free to state employees.
7. Where does the mediation occur?
Most mediations take place in Frankfort; however, the mediators
may be able to travel to another location.
8. How long will mediation last?
Mediations are scheduled for, and usually settle in, three hours.
9. How can I request a mediation?
By calling Linda Patrick at (502) 564-5974, emailing her
at Linda.Patrick@ky.gov or submitting a "Request for Mediation"
form.
10. Will I have to take annual leave to participate in mediation?
No, however, you must obtain prior approval from your supervisor
to use work time. If you need to travel to the mediation, check
with your agency to see if they will pay mileage.
Revised 05/09