Mediation and Workplace Resolution
Mediation and Workplace Resolutions differ in that mediation usually involves two people who arrive at their own solution with the assistance of a mediator; whereas Workplace Resolutions involves more people and includes recommendations from the facilitators.
What to expect
- The mediation will not be recorded by any party and is confidential
- All parties will trust in the objectivity and fairness of the mediator(s)
- All parties agree that mediation is voluntary and is not adversarial
- All parties must demonstrate a good faith effort, be respectful and truthful during mediation
- All parties must consider and respond responsibly to proposals made by each other
- Where there are areas of disagreement, the parties will work together to identify the barriers to agreement and will give further consideration to their respective positions in the light of any alternative options put forward
- The mediator(s) may decline the request to mediate, issue a continuance or terminate a mediation
- The mediators will only wait 20 minutes for the parties to arrive, unless they have called to explain their delay
- Only people necessary to reach an agreement should attend the mediation. Outside parties will not be allowed in the mediation.
Mediation will not be used when
There are allegations of criminal activity which should be reported to the authorities
There are allegations of serious misconduct which the organization is bound to use a formal process to investigate
If the mediator believes it would be unsafe or unproductive to utilize mediation
There is serious misconduct alleged which may include instances of bullying, harassment, or threatening behavior which are so serious or have been so damaging to the affected party that mediation would not be appropriate
Mediation does not affect the grievance or appeal process time frames and information obtained during the mediation session cannot be used in any future hearings. For more information about the grievance or appeal process, please contact your agency’s personnel administrator, or contact the Kentucky Personnel Board at 502-564-7830.
Mediation Request Form
During a Workplace Resolution, a team of facilitators will come to the workplace to talk to each member of the group individually. The facilitators' role is to listen to all employees and make recommendations for workplace improvement. The facilitators do not have authority to make any changes; they only provide observations and recommendations. Participation in a Workplace Resolution is voluntary. It is
not mediation, investigation, or interrogation. Only a supervisor can request a Workplace Resolution.
For assistance with questions related to the Mediation process or Workplace Resolutions, contact Donna Shelton at Donna.Shelton@ky.gov or 502-564-6618.