University of Pennsylvania
Workplace Issue Resolution Program

QUESTIONS AND ANSWERS

Q1. What is the Workplace Issue Resolution Program?

A1. The Workplace Issue Resolution Program is a dispute resolution program offered by the University of Pennsylvania to facilitate the timely resolution of employment related differences that arise in the workplace. This program is offered by the University of Pennsylvania as an alternative to the grievance policy which does not provide a process for the parties to create their own solutions.

Q2. What is mediation and why is it being included in the Workplace Issue Resolution Program?

A2. Mediation is a form of Alternative Dispute Resolution. Mediation is an informal process in which a trained mediator assists the parties to reach a negotiated resolution of the dispute. The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences. The major reason Penn is using mediation is because the University believes that the parties are in the best position to resolve their concerns and that communication may also improve as a result of the process.

Q3. Does the University require the parties to participate in mediation?

A3. No. Participation in mediation is voluntary. However, the University strongly believes that disputes are more effectively resolved by the parties involved in the dispute and therefore strongly encourages the resolution of disputes in this manner. Either party may decline to participate in mediation.

Q4. At what point in the dispute resolution process will mediation take place?

A4. Mediation will usually be offered to the parties once they have tried unsuccessfully to resolve the dispute within their school/center. In some cases mediation will be offered immediately upon learning of the dispute. Offering mediation early will hopefully prevent the hardening of positions that can occur during a lengthy dispute.

Q5. Who are the mediators?

A5. The mediators are members of the University community who are trained to mediate employment disputes. The University has developed an on-campus pool of trained mediators who are neutral and unbiased with no stake in the outcome of the mediation process.

Q6. How are the mediators selected?

A6. Human Resources selects two mediators to mediate the dispute from the list of trained mediators. In selecting mediators, Human Resources takes into account the nature of the dispute, the parties, and experience of the mediators.

Q7. Will I find out who the mediators are before the mediation session takes place?

A7. Yes. You will be given this information to insure that there are no conflicts with the mediators that have
been selected.

Q8. Is the mediation process confidential?

A8. Yes. The University maintains strict confidentiality in the mediation program. The mediator and the parties must sign an agreement that they will keep everything that is revealed during the mediation confidential. The mediation sessions are not tape-recorded or transcribed. Notes taken during the mediation are destroyed. Any records or other documents offered by either party during the mediation are also destroyed. Furthermore, in order to ensure confidentiality, the mediators are insulated from the University’s investigative and litigation functions (i.e. Human Resources, Ombudsman, Affirmative Action & Equal Opportunity Programs, and General Counsel).

Q9. Where will mediation sessions take place?

A9. The mediators will arrange a mutually convenient time and place for the mediation after consultation with
both parties.

Q10. Who should attend a mediation session?

A10. Both parties to the dispute, usually the employee and his/her supervisor should attend the mediation session. The supervisor should be familiar with the facts of the dispute and have the authority to enter into an agreement with the employee.

Q11. Can the parties bring an attorney or other representative to the mediation session?

A11. No. The purpose of mediation is for you to work out a solution using the mediators as facilitators to come to agreement.

Q12. How long does the mediation process take?

A12. Mediation is a very efficient process that saves time. A mediated settlement may be reached in one session usually lasting from one to five hours. More than one session may be appropriate or necessary.

Q13. Are all disputes eligible for mediation?

A13. No. Human Resources evaluates each dispute to determine whether it is appropriate for mediation considering such factors as the nature of the case, the relationship of the parties, the size and complexity of the case, and the relief sought. There are specific issues that can not be addressed in mediation:

Determination of base salary/salary increases, or claims of salary inequities job grading and classifications
Selection for jobs or reassignments
Performance Appraisal
Decisions resulting in restructuring or position discontinuations
Terminations

Q14. What happens to a dispute if it is not resolved in mediation?

A14. If a dispute is not resolved during the mediation process, other options will be considered.

Q15. Can information revealed during a mediation session be used during a panel hearing?

A15. No. Since the entire mediation process is strictly confidential, information revealed during the mediation session cannot be disclosed to anyone including other university personnel. Therefore, it cannot be used during any subsequent proceeding.

Q16. Are the parties required to pay for the mediation?

A16. No. There is no fee for the mediation.

Q17. What happens if a party does not comply with an agreement reached in mediation?

A17. If either party believes that the other party has failed to comply with a mediated settlement agreement, he or she should contact a representative from Human Resources.

Q18. Does mediation work?

A18. Yes. It is a fair and efficient process that can avoid a lengthy resolution. It also may assist with bettering the communication in the workplace.

Q19. What other options are available?

A19. The University strongly believe that most disputes can be resolved utilizing either the Open Door Philosophy, Conference/Facilitated Meeting or Mediation. However, there will be situations where the issue(s) can not be resolved using those resources. In those cases, where a staff member would like to pursue the issue, he/she may elect to file a grievance using the University’s Staff Grievance Policy.

Q20. How can I learn more about University's issue resolution program?

A20. For additional information about the issue resolution program at the University, you may contact the University’s web page at http://www.hr.upenn.edu or by calling Human Resources at 215-898-6093.