M EDI ATI ON
Jim Tuecke
Federal Mediation and Conciliation
Service
Cedar Rapids
319-364-1607
How is the mediator assigned?
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P.E.R.B. receives request for Impasse
Services
P.E.R.B. sends notice to mediator
Mediator contacts parties
Mediation - A Definition
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“A neutral person’s effort to help parties
reach their own agreement… no authority to
make decisions, nor compel the parties to
change. A forum for allowing disputing
parties to modify, compromise, and agree
using ‘outside’, ‘neutral’ help.”
Federal Mediation and Conciliation Service
Impasse Timelines
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City, County, State- March 15th
K/12 classified and AEA classified- April
15th
K/12 certified, AEA certified, all
Community College- May 31st
Unless Independent Impasse Procedure
Role of Mediator
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Assist parties to reach voluntary
settlement.
Not a judge, do not determine what is
fair.
Clarify issues
Offer ideas
Do not write language.
Assumptions about successful
Mediation
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There are no impossible issues - but sometimes there are impossible negotiators
Both parties at the table want an agreement.
Both expect an on-going relationship - even if there
is an arbitration.
Both parties will be HON EST with the Mediator.
The parties will be ready & willing to modify their
positions in the interest of getting a settlement.
Federal Mediation and Conciliation Service
MEDIATOR EXPECTATIONS
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Be prepared.
Know the issues (theirs as well) & costs.
Be realistic and have priorities established.
Understand the other sides pressures.
Be patient, professional, not personal.
Be flexible.
Have ability to “deliver” on a deal.
If you say “final”, mean it, and be prepared to
fight for it. If not, then don’t say final!
Federal Mediation and Conciliation Service
Top Ten Tips for Working
With a Mediator
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Work with the mediator, don’t
compromise the mediators
credibility or acceptability
Don’t renege on agreements
Come willing to reach an
agreement
Be open to persuasion or
correction by facts or principles
Federal Mediation and Conciliation Service
Top Ten Tips for Working
With a Mediator
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Don’t withhold critical information from the
mediator
Don’t misuse mediation as a means to get
something else, e.g. hidden agendas, delay,
information gathering
Negotiate in good faith
Federal Mediation and Conciliation Service
Top Ten Tips for Working
With a Mediator
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Come to a mediation with authority to
settle the issues
Have the right players at the table who
can provide information
Come to mediation prepared; do your
homework
Federal Mediation and Conciliation Service
Structure of Mediation
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Opening-joint session
Mediator explains process
Not here to give legal advice
DO YOU AGREE ON COSTING?
Mediator confidentiality
What are issues
Who’s turn is it
Caucuses
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Each party is in their own room
Mediator spends time with each and
carries offers (Supposals or Proposals)
These are closed meetings-no social
media, just bargaining team
Agreement Reached
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Joint Meeting with both parties
Tentative agreement-written by parties
Employee organization has 7 days to
ratify agreement
Employer to ratify within 10 days of
agreement unless not ratified by
association
Agreement Not Reached
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Interest Arbitration
Parties must file written request with
P.E.R.B.
Why Use Mediation
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Parties retain control of resolution
Informal vs. formal process
Time efficient
Cost Effective
Chapter 20
Common Causes for not
reaching Agreement
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Ineffective Communication
Inaccurate Info/data
Personalities/emotion
Internal/external political pressure
Un-realistic Expectations
Perception of Fair
Suggestions
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Do not wait until last minute to
schedule mediation
Trust your mediator
Be prepared
If you are not in a position to reach
agreement, say so
Questions?