MEDIATION: Available for All Cases
It is hereby declared to be the public policy of the commonwealth that the best interests of the people of the state are served by the prevention or prompt settlement of labor disputes; and it shall be the responsibility and objective of the division to take such steps as will most effectively and expeditiously encourage the parties to a labor dispute to agree on the terms of a settlement or to agree on the method and procedure which shall be used to resolve a dispute. St. 2007, c. 145.
It is important for all parties to know that the mediation of all disputes is a priority at the DLR. As such, all parties should be aware that mediation of any labor dispute is not only possible, but highly encouraged at the DLR. The DLR employs a number of highly qualified and experienced mediators who are available to conduct mediation of the following:
- Interest Mediation
Parties may unilaterally or jointly file for mediation by filing a Petition For Mediation or Fact-Finding in Public Employment. It is important for all parties to know that if they have not been able to reach agreement at the bargaining table, they may petition to employ the services of a DLR mediator to assist them in reaching a mutually acceptable collective bargaining agreement. - Grievance Mediation
Parties to collective bargaining agreements may include a provision providing for mediation of individual grievances or may jointly petition for mediation of a grievance or multiple grievances by filing a Request for Grievance Mediation. - Mediation of Prohibited Practice Charges
Parties to a Prohibited Practice Charge may utilize a DLR mediator at any time during the process. As part of an effort to ensure that all parties are able to avail themselves of the DLR’s mediation services in this context, the DLR has incorporated mediation into the Prohibited Practice Charge procedures. The DLR procedures and practices make mediation available at the following stages in a case:
- Filing of the Charge
When the DLR receives a Charge of Prohibited Practice, our administrative staff generates a Notice to the parties that indicates that a Charge has been filed. The Notice is accompanied by instructions that require the Charging Party to call the Respondent and inquire as to whether the parties are willing to mediate the dispute.- At the In-Person Investigation
At the beginning of every In-Person Investigation, the Investigator will inquire as to whether or not settlement of the Charge is possible. If the parties agree, the Investigator may attempt to mediate the dispute, or a DLR mediator will be available to mediate the dispute.- Complaint
With the issuance of each Complaint, the DLR makes the parties aware of the availability of mediation services. In addition, shortly after the issuance of each Complaint, the parties can expect to receive a call from a DLR mediator inquiring as to whether the parties are willing to mediate the dispute.- Pre-Hearing Conference
At the Pre-Hearing Conference, the Hearing Officer will explore the possibility of settlement and, if the parties desire, refer the case to a mediator. Such referral will not delay the scheduling of the Hearing.- Hearing
Finally, at the Hearing, the Parties are always able to mediate the dispute and are encouraged to come to a mutually acceptable settlement.
