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You are here:Home / Human Resources / SPA / Employee Relations / Mediation Policy

Last Revision:03/13/2008
Posted to Website:03/13/2008

Mediation Policy

CONTENTS

Purpose

The purpose of this policy is to encourage supervisors and employees to work together to resolve their differences. The University values open communication between supervisors and employees, and through the mediation process the University provides a forum in which parties can freely talk while addressing mutual concerns.


Interaction with Other Policies

Any employee of the University is eligible to use the structured mediation program at any time to address any workplace issue. An SPA employee who wishes to begin mediation instead of filing a grievance must submit the completed Mediation Form within the time in which he/she would be eligible to file a grievance under the University's Dispute Resolution and Staff Grievance Policy in order to preserve his/her grievance rights. However, use of the mediation policy will not delay the time in which an employee is eligible to file a grievance alleging unlawful harassment. An SPA employee who has an unlawful harassment complaint and who wishes to preserve his/her grievance rights must file a grievance within 30 calendar days of the alleged incident giving rise to the grievance. Please see the SPA Dispute Resolution and Staff Grievance Policy for more information.

EPA Non-Faculty employees should consult the EPA Non-Faculty Handbook (Section II, Page 7), for the policy regarding review of EPA Non-Faculty employment decisions and grievances. Faculty members should consult Article 4, §4-8 of the Faculty Code of University Government for the faculty grievance policy and procedures. EPA Non-Faculty employees and faculty members shall not lose any of their grievance rights so long as they elect to use this mediation policy to address concerns in a timely fashion.


Procedure

An employee who wishes to begin mediation under this policy must submit a completed Mediation Form to the Employee & Management Relations Department indicating the nature of the issue, the parties involved, and mediator preference. A copy of this form is attached to this policy. The Complaint Procedure Administrator will then select a mediator or mediators to conduct the mediation.

The mediator is responsible for scheduling meeting times with the parties. The initial approved period for mediation is 30 calendar days from the initial application, but this period may be extended normally in increments of 15 calendar days, if progress is being made, upon the agreement of the parties and the mediator. The mediator is authorized to halt the mediation process at any time he/she feels the parties have reached an impasse. Once the parties either reach a written agreement or the parties reach an impasse, the mediator returns the form and all related documents to the Employee & Management Relations Department. In the case of a written resolution, the mediator must attach a copy of the agreement to the form. All agreements must be reviewed and approved in advance by the Employee & Management Relations Department and other parties as determined by the Employee & Management Relations Department and must be in compliance with State policy.

In the case of an impasse, upon receipt of the form the Employee & Management Relations Department will initiate a letter to an SPA employee indicating that if the employee wishes to file a grievance (other than a grievance alleging unlawful harassment), then he or she must do so within the normal time limits. The employee's receipt of the letter will start the time for filing a grievance. The employee must affirmatively file a grievance under the University's Dispute Resolution and Staff Grievance Policy; merely receiving the form or acknowledging impasse will not automatically start the grievance process.


Mediator Training

All mediators are required to complete advanced training offered by the designated Dispute Resolution Center and participate in at least 2 mediations as a co-mediator. Available mediators will include all persons who have completed certified mediation training and current grievance panel chairs. Other employees are eligible to serve as mediators upon being nominated by their supervisors and selected by the Associate Vice Chancellor for Human Resources. Training will be made available at the University at no cost to the employee. All mediators must sign an attestation statement of confidentiality.


Questions

If you have questions about this policy, contact the Employee & Management Relations Specialist in the Office of Human Resources assigned to work with your department.


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© Copyright 2003 The Office of Human Resources, University of North Carolina at Chapel Hill. An Equal Opportunity Employer.