19 Nov 2010
MEMORANDUM FOR Mediator Applicant
FROM: Alamo Federal Executive Board
550 C Street West, Rm 257
Randolph AFB, TX 78150
SUBJECT:Call for AFEB Mediators
1. The Alamo Federal Executive Board ( is seeking volunteers to serve as mediators for our San Antonio Federal agencies. Being a mediator is a very important and very rewarding responsibility. AFEB provides training to approved applicants and in turn, coordinates, facilitates and appoints mediators for the entire San Antonio federal population. Because we provide mediation at no cost to the federal agencies, the AFEB is sought out quite frequently to provide these critical services and the results are hopefully a conflict resolution as well as significant cost avoidance savings for our federal agencies.
2. I’ve attached informationabout mediation as well as the desired knowledge and required duties of a mediator. If this is of interest to you and you feel you have the qualifications to serve as a mediator, please complete application form and return it to AFEB at . Applications will be screened from select members of our AFEB Shared Neutrals Consortium committee with final approval by the committee Chair and/or Co-Chair. Please complete and return the completed application NLT 14Jan 2011. AFEB will be sponsoring no-cost mediation training for approved applicants from 7-11 February 2011.
3. If you have questions, please call me at 565-1861 or specific questions about mediation to our Shared Neutral Consortium Chair, Mr. Steve Goldman at 652-3749. I look forward to receiving your application.
///Signed///emn
ELLEN M. NELSON
Executive Director
Attachments:
- Mediation Fact Sheet
- Information Sheet
- Application
COLLATERAL DUTY MEDIATOR
Alamo Federal Executive Board
______
PRIMARY DUTIES OF THE MEDIATOR
Listen, provide information, and seek resolution.
- Attempt to resolve the problem through discussion with involved parties.
Attend in-house and formal training sessions on EEO counseling techniques and personnel procedures.
KNOWLEDGE, SKILLS, AND ABILITIES
General knowledge of personnel principles and procedures.
Ability to maintain impartiality and look at the situation objectively.
Ability to effectively listen and communicate with persons of different races, sex, national origin, age, and economic, cultural, and educational backgrounds, as well as with persons at different levels and ranks, including those who hold key management positions in the organization.
Ability to understand the problems of employees, and achieve and maintain a rapport with employees, supervisors, and managers.
Ability to exercise mature judgment under pressure and retain composure when exposed to personal criticism or emotional outbursts.
Skill in informally resolving problems through discussions with parties to a conflict or complaint, and the ability to act equitably in arriving at a problem resolution.
Ability to “take charge” of the mediation process, yet create an atmosphere conducive to resolving issues, setting goals, and assisting everyone to achieve success in reaching those goals step by step.
PERSONAL CHARACTERISTICS
Mediators require very special skills, some that may come to you naturally and others you acquire over time. Some desirable characteristics include--empathy, objectivity, perceptiveness, resourcefulness, flexibility, stability, maturity, honesty, patience, neutrality, a sense of humor, and a personal commitment to provide resolution opportunities for all employees.
OTHER INFORMATION
As a collateral duty mediator, your first responsibility is to your permanent position and supervisor. However, you must have the time and energy to perform mediation duties that may require interruption of your normal work schedule. Your mediation responsibilities do not affect just you, but also require the full support of your supervisor and coworkers. Since you perform on an as-needed basis, occasionally, you will be required to work exclusively and at some length in mediation.
We are not looking for any specific grade level, only the ability to do the work.
You cannot serve as a representative for any employee or management official while in your role as mediator.
Physical demands may include lengthy, intense mediations without a break. Stress may be a factor in the work
The term of appointment is indefinite; however you would be expected to participate in the program for a minimum of two years in exchange for the training you will receive. The appointment is subject to termination at the commander’s discretion and the AFEB SNC Chair’s recommendation. Your regular supervisor is your supervisor for your regular work. Your supervisor for mediation is the SNC Chair or Vice Chair is his absence. If you do not meet the requirements of the program after reasonable training and experience, you may be relieved of the assignment without prejudice to your regular career.
Mediation
An Option for Resolving Workplace Conflicts and Disputes
Alternative Dispute Resolution (ADR) encompasses a range of problem-solving techniques with the goal to resolve disagreements without litigation. ADR provides an option to traditional formal complaint processes which is proven to reduce time, money, and anguish. Through ADR, the parties in conflict maintain control over the outcome and their relationship. ADR emphasizes cooperation in identifying mutual interests to develop creative solutions to resolve disputes. Two examples of ADR are: (1) The parties act alone through informal discussion and negotiation to resolve the dispute; (2) An objective third-party neutral conducts mediation, facilitation, conciliation, or a fact finding inquiry.
Mediation
The Alamo Federal Executive Board (AFEB) offers mediation as one of the most frequently used and successful ADR options to resolve workplace disputes. The Mediation Program provides a dispute resolution avenue for all federal employees in the San Antonio surrounding area. While mediation is a voluntary option and does not replace formal systems, the goal is for everyone to request mediation before seeking redress through informal and formal processes, such as equal employment opportunity complaints, grievances, congressionals, and comparable military avenues.
Mediation is a quick, effective, and inexpensive way to resolve disputes which involves the use of a neutral third party trained to work with opposing parties to help them find a way to resolve their dispute. The mediator is not a judge and cannot make decisions or force agreement terms, but rather facilitates communication and resolution. The only parties involved in the mediation session are the complainant, respondent, mediator and, if requested, representatives for one or both parties. This non-adversarial process requires the parties themselves to come up with a mutually agreeable solution by openly discussing issues and interests. Agreements “stick” better because they are fashioned by the involved parties rather than legislated or dictated by an uninvolved decision-maker.
Anyone can request mediation services: employees, commanders, supervisors, union officials, legal office, co-workers, etc. Virtually any type of civilian or military workplace dispute, conflict, or dissatisfaction is a candidate for mediation. Examples of circumstances lending themselves to mediation are: (1) a personality or communication conflict with a supervisor or co-worker; (2) performance feedback session; or (3) a colleague’s work habits are “bugging” you. The guidelines below reflect the types of situations which are acceptable or unacceptable for mediation.
Acceptable (one or more apply)
- Parties are open to resolution and want to control the outcome
- Desire to informally resolve the dispute
- Time is a factor; desire quick return to mission
- Important to maintain, establish, or restore a good working relationship
- Both parties agree to it
- Employment-related workplace conflict
- Factual dispute, not legal or precedent-setting
- Complaint doesn’t belong in a formal system due to circumstances (e.g., time, subject matter)
- Dispute is impacting unit’s productivity, morale
- The issues are under the control of installation management
- Demands/views of either party are unrealistic; neutral third party may help with a reality-check
- Traditional processes are likely to take many months and not successfully resolve the problem
Unacceptable
- Allegations of fraud, waste, and abuse
- Criminal charges
- Uniform Code of Military Justice (UCMJ) charges
- Clear and convincing evidence of sexual harassment or discrimination
- Involves significant legal or policy matters
- A definitive or authoritative resolution is required for precedential value
- Award of compensatory damages is the primary or only motivation
- No local party has the authority to settle the case
- Contract disputes
- Family or neighborhood disputes
The mediation conference is scheduled for a mutually convenient time for both parties in a conference room away from your work area. The session can last from two to eight hours, depending on the complexity and number of issues in conflict. The mediation begins with the mediator explaining the process and answering questions. Next, the person with the complaint explains the issues, background, and requested remedies, followed by the responding individual’s opportunity to explain the situation as he or she views it. After the parties have relayed their perspectives, the mediator will start the mutual discussion. Following the joint session, the mediator may meet separately with each party to talk in greater detail and help the parties try to find an appropriate way to solve their problem. After the separate meetings, the parties re-join and attempt to reach an agreeable solution.
Each participant should come to the mediation prepared to present and discuss a variety of ways to resolve the dispute. It is unrealistic to expect that by simply restating each side’s “legal” views of the claim, the problem will somehow get resolved. The more fixed each party becomes on there being only one solution, the less likely a resolution will occur. Often brainstorming can result in suitable solutions far different from the original requested remedies. The mediation process is designed to enhance this type of communication and problem solving. The mediator’s responsibility is to manage the process. The participants’ responsibility is to focus on the substantive aspects of the conflict and possible solutions.
Why Should You Use Mediation? While conflict is a normal part of our daily lives, it’s often uncomfortable. When you find yourself in a dispute with a fellow employee, manager, or other colleague, mediation can help you resolve issues in a private and timely manner. The involvement of a neutral third party helps disputants focus on the future. Also, discussing a particularly sensitive issue is often easier in the presence of a third party.
- The mediator must keep all information confidential. Information you share with the mediator in private meetings will not be revealed unless you specifically give your permission to do so.
- Mediation is fast. Prompt resolution of the dispute frees you to resume your other activities.
- Mediation usually allows you to retain your rights to pursue the dispute formally.
What Can You Do to Have Your Dispute Mediated?
- Contact the Mediation Program Manager to obtain information on the mediation process.
- Employees are encouraged to talk with their supervisors or chain-of-command about mediation
- All requests for mediation must be directed to the AFEB Executive Director, 565-1861 or who obtains the mediator.
- To preserve your rights to pursue a complaint through formal complaint systems if the complaint is not resolved, you should seek mediation at the first sign of conflict. Please note that while mediation may extend the time available to attempt resolution, it is not a substitute for missing filing deadlines. Employees considering formal complaint avenues, such as EEO or grievance, are responsible for requesting mediation within the time frames normally applicable for pursuing these processes (e.g., EEO complaint within 45 calendar days of the discriminatory incident; a negotiated grievance within 15 work days, etc.).
“Win-Win is the opposite of the purely competitive principle that somebody has to lose.”
Stephen R. Covey in
The 7 Habits of Highly Effective People
Obtain Information on the AFEB Shared Neutral Consortium and the Mediation Program
at
AFEB Alternative Dispute Resolution Mediator Application
Name: ______SSN______
Organization: ______
Organization Location: ______
Home Address (optional, to receive literature from other ADR programs): ______
Phone:Home (optional):(___)______Work:(___)______Fax:(___)______
Duty Hours: ______Duty Days: S__M__T__W__TH__F__S__
Current Position Title, Pay Plan, Grade or Rank, and Series: ______
Supervisor’s Name______Duty Phone:______
Please provide answers to the following questions:
How did you learn about the AFEBADR Program? ______
If selected, what do you expect to gain from the Training? ______
Describe the basic goals of a successful mediation program as you understand them.
______
Why do you want to be a Mediator in the AFEB ADR Program?
______
This position requires extensive use of communication skills and abilities. Please describe your experience and/or education which reflect your ability to communicate orally and in writing.
______
______
The ability to identify problems, lead the parties to possible resolution options, and analyze information in light of each party’s interests is critical to this position. Describe experience and/or education which relate to your ability to do this.
______
What qualities do you possess that you feel would make you an effective mediator? ______
Briefly describe your current and previous training/experiencein negotiation; interest based bargaining, or the mediation process (if any) and dates held that you believe are relevant to the position of mediator. (Continue on reverse or additional sheet.)
______
List any training courses or college classes you have taken which you believe may help in your duties as a mediator.
______
Are you in a position that would allow you to be released for approximately up to 20% of the time to perform collateral duties as a mediator or attend mediation training? ______
Please initial next to each statement indicating an affirmative response.
___Although the program is voluntary, your service will be expected for two years.
___Will your management agree to release you to mediate cases for the AFEB ADR Program when selected?
___Can you mediate at least 1 or 2 cases per year?
___Do you understand that you will not be monetarily compensated for mediation services nor reimbursed for expenses incurred while mediating AFEB ADR cases?
___Do you understand that your role as a mediator is to remain as a neutral party?
___I understand that as part of the Alamo Federal Executive Board’s Shared Neutral Consortium,
I may occasionally be asked to mediate cases all across the San Antonio area?
___Can you refrain from giving advice in order to allow the parties to create their own solution to their dispute?
___ Do you understand the AFEB ADR Program provides a valuable service to federal employees of the entire San Antonio surrounding area of which you will become an important part?
___Do you understand that if selected for the free federally-sponsored certification training, the return on our investment is your voluntarycommitment for two years?
If you have additional comments please provide them on a separate sheet of paper.
Please return to: or
AFEB
550 C Street West, Rm 257
Randolph AFB, TX 78150
______
Applicant’s SignatureDate
As the supervisor of ______, I believe if selected, the nominee for the basic mediation course possesses the necessary skills to be an effective mediator and will be available to support the ADR commitment associated with the training.
______