Mediation is an attempt to find a mutually acceptable resolution of the parties' dispute. In mediation, a neutral, third party helps those in conflict define issues, explore solutions and reach practical, workable and mutually satisfactory agreements. Mediation seeks to prevent conflicts from escalating and the focus in mediation is on mutual acceptability. The Public Employment Relations Commission conducts several types of mediation: contract mediation, grievance mediation and settlement mediation.

Contract Mediation:

Contract mediation is an extension of the parties' duty to negotiate a collective bargaining agreement concerning a bargaining unit's wages, hours and working conditions. When public employers and employees' representatives are unable to agree on the terms of a written contract establishing the wages, hours and working conditions of bargaining unit employees, PERC provides mediation to help the parties reach an agreement. (See: How to File an "M" Case.)

Grievance Mediation:

Depending on the language in the parties' collective bargaining agreement, when public employers and unions have a dispute over the interpretation or application of a contract, PERC may provide mediation to help the parties reach an agreement. During a grievance mediation, the parties will be encouraged to settle their dispute, based on arbitration precedence and their contract language. Grievance mediation may be a required contractual step in the parties' grievance procedure, or may be jointly requested by the parties. (See: How to File a "G" Case.)

Settlement Mediation:

Settlement mediation is a service available to parties who have filed an Unfair Labor Practice Complaint with PERC. Settlement mediation is a non-binding process in which a PERC mediator is assigned to facilitate communication between the parties involved in the unfair labor practice, and to assist the parties reach a mutually acceptable resolution of all or part of their dispute prior to a hearing.

The settlement mediator will not be the hearing examiner if a settlement is not reached, and will not discuss the case with the assigned examiner. During a settlement mediation, the parties will be encouraged, on factual and legal grounds including precedence on the particular issue, to resolve the unfair labor practice. Participation in a settlement conference is voluntary and a refusal to participate will not prejudice a party in any manner.

Each PERC mediator has his or her own "style" of mediation. However, there are many aspects of a mediation that will be similar. The parties to a mediation can generally expect the following to occur:

Once PERC receives a request for mediation from the parties, a staff mediator will be assigned. The mediator will then contact the parties to set a date for an initial meeting.

Parties may request a particular staff mediator be assigned to their case. However, the request must be jointly made and the requested mediator may not be available at the time of the request.

Mediations may begin in a "joint caucus" with both parties present, or may begin with the parties separated, or in "caucus". Some mediations may begin with a joint session and later break into two "caucus" rooms. Some may be conducted entirely as joint sessions or entirely in caucus. The format for any mediation depends on the mediator's personal style and the particular circumstances of the parties and their dispute.

Parties must take their own notes concerning a mediation session. PERC mediators will take their own notes, but the mediator's notes are for his or her personal use and are not available to the parties for any purpose. It must also be noted that PERC mediators, and/or their meeting notes may not be subpoenaed in any legal proceeding for any purpose.

Confidentiality:

Confidentiality in contract and grievance mediation is not complete:


• Verbal or written communications made to the mediator in a caucus (i.e., without the other party present) are confidential and cannot be used in any legal proceeding arising from conduct at a mediation.
• Verbal or written communications made directly to another party, or written communications delivered by the mediator with a party's consent, may be used in a legal proceeding arising from conduct at a mediation.


Confidentiality in unfair labor practice settlements is complete:


• Discussions at a settlement mediation may not be disclosed to the Examiner designated to preside ate the hearing if settlement efforts are unsuccessful.
• Evidence of statements made and conduct occurring in a settlement conference are not subject to discovery and are inadmissible in any proceeding in the action or other actions on the same claim. However, no evidence otherwise discoverable shall be inadmissible merely because it is presented or discussed in a mediation conference.