Union grievance is one of the most popular and fastest alternative mechanisms used in resolving employment disputes and grievances. On some occasions mediation can also be included as a voluntary step in conventional grievance arbitration or expedited arbitration.

A grievance can occur when there is an allegation, by either an employee, union, or management, of misinterpretation or misapplication of one or more of the terms of a collective agreement. A dispute can occur when there is an official disagreement between an employer and an employee (or union) over issues that usually relate to employee rights. 

 Grievance mediation is a highly successful alternative to labor arbitration. It shares with expedited arbitration the capacity to reduce the time and cost of arbitration, and is more likely to produce mutually acceptable outcomes than is a conference procedure in which the neutral retains decisional authority. It is also more likely than either of those procedures to improve the parties’ dispute resolution ability and ultimately their entire relationship.

To be sure, not all grievances can be successfully resolved through mediation. Still, its advantages are so great, and its costs so low that an effort to resolve grievances at mediation should be a required step preceding arbitration in all collective bargaining contracts.

1. Select The Right Mediatior

The mediator is an impartial 3rd party. The parties agree on the mediator, as each party needs to be personally comfortable with that person and his/her credentials. 

For choosing a mediator, here are some of the characteristics you will find in a good mediator:
 

• maintains firm professional control over proceedings
• remains neutral and impartial throughout the process
• treats all parties equal, has advanced communication skills
• shows patience when listening to each party
• asks the relevant questions for clarification, identifies the core problems
• gets the parties to focus on the core problems without letting their prejudices or emotions getting in the way
• maintains the respect of the parties and gets the parties to respect each others point of view
• keeps the parties’ power play in check
• considers all possible solutions
• has excellent knowledge on the legal implications of the issues being dealt with.

2. Be Agile & Schedule A Mediation Quickly 

The process attempts to resolve issues in a short time frame. The longer a dispute lasts, relationships can become worse and morale can suffer. Statistics generally tend to demonstrate high levels of satisfaction with the process. Even in cases where a settlement is not reached, the parties rate the process as fair in the vast majority of cases.

3. Check That Mediation Guidelines Are In Place

The parties have agreed to mediate the dispute. The parties have waived any time limits while the mediation step is utilized. 

The process is informal, and the rules of evidence do not apply. No stenographic record or tape recordings of the meetings are made.The mediator’s notes are confidential and are destroyed at the end of the mediation. The parties agree that the mediator will not be called to testify at any other proceeding. There are no minutes taken of the proceedings.

If there is a report issued by the mediator, it is limited to the fact that a settlement was or was not reached.

4. Think “Outside Of The Box”

Be clear & upfront on what you want. The parties should be clear with each other about what they want. Thinking ‘outside the box’ about possible solutions, considering all options, will help. It is often easier to find a solution without lawyers doing the negotiating.

Legal arguments more often lead to battle, not resolution. It is easier to maintain a continuing working relationship with positive negotiations which may enable an employee to remain employed. Constructive dialogue is less stressful and time-consuming – for employer, employee and the Union

5. Communicate, Communicate, Communicate

It teaches people to resolve their own issues, and increase confidence in their ability to do so. When union and management are involved, it improves the ability of those parties to settle grievances or other disputes.  

Mediation encourages face-to-face communication (instead of communicating through representatives) which can contribute to building and enhancing ongoing and long-term relationships. When union and management are involved, it can foster better union management relationships.

6. Look For “Win-Win” Solutions 

The purpose of mediation is not to determine who is right or wrong. A mediator helps shift the focus from one of blame to a creative exchange between the parties. The mediator also helps the parties shift the focus from the past to the future. The mediator encourages the parties to communicate with each other so they understand each other’s point of view.

The entire process is voluntary—no party can be coerced into entering, continuing or returning to mediation. The mediator does not have the power to render a decision, or to force the parties to reach a settlement. 

7. Give Back & Contribute To Healthier Workplaces

Don’t be shy to speak openly on sensitive issues such as abuse and/or discrimination. Over time, as conflict resolution systems evolve and improve, it may result in more issues to surface, especially those rooted in abuse and discrimination. As such you will be contributing to having overall better workplaces for yourself as well as for others.