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I am a mediator

Dispelling the Myth of Mediation a look @ EEOC’s best kept secret Joe Bontke EEOC Houston District Office 713 907 2855 joe.bontke@eeoc.gov. 1. I am a mediator. 14 years doing mediations in the Federal sector 2012 one day a week. Obligations of Employers.

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I am a mediator

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  1. Dispelling the Myth of Mediationa look @ EEOC’s best kept secretJoe BontkeEEOC Houston District Office713 907 2855 joe.bontke@eeoc.gov 1

  2. I am a mediator • 14 years doing mediations in the Federal sector • 2012 one day a week

  3. Obligations of Employers Make the workplace free of unlawful discrimination, harassment and retaliation Promptly and confidentially investigate complaints of discrimination, harassment and retaliation Where discrimination, harassment and retaliation may have occurred, take prompt and appropriate remedial action (i.e., discipline commensurate with the offense)

  4. EEOC Facts Mission to enforce federal laws against workplace discrimination Approximately 2200 employees in 15 Districts ADR/Mediation Program started in 1999 Resolutions: 9,362 out of 12,704 Charges with 74% Rate of Resolution Case Closure Time: <100 days FY10: $142m in monetary benefits

  5. EEOC Charges Termination Non Selection Workplace Harassment Work Assignments Disciplinary Actions Personality Conflicts

  6. Enforced by EEOC: RaceNational Origin Color Genetic Information Disability Religion Sex Age +40

  7. EEOC Complaints Process Intake Charge Interview Triage ADR/Mediate Investigation Litigation Closure / Resolution

  8. What is Mediation? A neutral 3rd party, skilled in conflict resolution techniques, who helps parties “bridge the gap” by identifying issues and working towards joint resolution

  9. Litigation vs. Mediation Litigation/Arbitrationis about the relationship between the judge and the parties. All communication is addressed to the judge/arbitrator who decides what the facts are and what is important. Mediationis about the relationship between the parties. Communication may flow initially through the mediator. But ultimately, the parties themselves determine what is important.

  10. The Role of the Mediator Third Party Neutral manages Negotiations Helps Parties by: Identifying the Issues or Problems Focusing on the Interests Exploring the Options for Resolution NOT a decision-maker Generally offers NO ultimate opinion

  11. The Basic Mediation Model Preliminary Logistics Mediation Documents & Introductions Parties Describe the Dispute Discussion in Joint Session Determine Underlying Interests Separate Sessions: The Caucus Explore Resolutions and/or Settlement

  12. Where’s Your Focus?

  13. What’s Your Opinion?

  14. Mediation as an ADR Process Process Less Formal Than Adjudication Get some Satisfaction Range of Options More Creative Solutions A More Positive Effect on Relationships Gives Parties More Control

  15. Examples of Resolution

  16. Mediation Benefits FREE, voluntary & confidential Informal, quick, and more control by parties Neutral & Confidential Forum Joint Problem Solving Required: Not about WHAT someone wants, but WHY Keeps parties talking & a a resolution may surprise you

  17. Mediated Settlements may include: Union grievances ERISA issues FMLA issues Common law claims State statutory claims General Release

  18. Universal Agreement to Mediate Agreement by Company to mediate all charges, with exceptions Provides central contact information as Company Rep for EEOC to contact directly Program Participants: CVS, KBR, Maximus Coffee, Houston Chronicle, Goodwill Industries, HEB, Administaff

  19. Opening Doors to Agreement Give feedback and ask questions Identify your underlying interests Ask “Why” and “What if” questions Try to see the other party’s point of view Brainstorm options Focus on areas of agreement Consider what happens if mediation fails

  20. Common Management Interests Desire to Comply with Laws and Regs Desire to be a Model Employer – Reputation Desire to Promote Equality & Fairness Need to Minimize Workplace Disruption Concern re: Setting a Precedent Desire to Minimize Hassle Saving Face – Not Appearing Weak Impact on Morale

  21. Myth vs Reality “It won’t settle” 74% of cases mediated successfully resolved “It’s an admission of guilt” No admission “Must conduct a full investigation before mediation” Minimal investigation needed to mediate “Settling one charge leads to others” Employers report fewer charges filed due to mediation

  22. Myth vs. Reality “I’ll have to bring the checkbook” All resolutions do not include monetary relief Least costly process available and parties have control “It’s expensive”

  23. Myth vs Reality “EEOC will dismiss the charge and all my problems will be over” Charging Party receives Notice of Right to Sue and workplace issue still exists “I’ll have to pay an attorney to represent me” Attorney representation is optional

  24. “I’m Fighting This Thing!” We didn’t discriminate It’s extortion This is all about money Negotiation (a pact with the devil) It’s the principle If word gets out we settled, the floodgates will open I don’t want to get railroaded

  25. On Second Thought… Chance for a Make-Over Risk management Cost-benefit (time, money) A fair process… Voluntary Confidential Neutral Enforceable Mutual understanding (relationships) Prevention

  26. An Ounce of Prevention… Review Your EEO Process & Accessibility Know Who Do People Talk To in Your Org Offer 360 degree Surveys & follow Review Management Accountability for Conflict Resolution Mandate Meaningful Training Sessions on Topics that include EEO: Workplace Bullying, Workplace Civility, Effective Feedback Skills & Review Orientation

  27. Prepare for Mediation Ask yourself: • What interests are involved in the dispute? • What are your settlement expectations? What do you think the opposing party expects? • What’s your Best & Worst Case Scenario? • What is most/least important to you? • What are you willing/unwilling to compromise to reach a negotiated settlement?

  28. TIPS FOR WORKING WITH A MEDIATOR Have an open mind; be open to other perception Have the right players at the table who can provide information Come to mediation prepared; do your homework

  29. Quotes From Customers “My clients feel as though they have been treated extremely fairin the mediation process” “There has been a tremendous drop in charges filed against our organization since we began mediating charges” “Mediation improves employer/employee relations”

  30. You can’t always get what you want,But if you try sometimes…You just might find…You get what you need.--Mick Jagger

  31. The next Equal Pay Day is Tuesday, April 20, 2012. This date symbolizes how far into 2012 women must work to earn what men earned in 2011.

  32. Twitter • 175 million users • Library of Congress did you know • Will be acquiring and permanently storing the entire archive of public twitter posts since 2006

  33. A Twoosh* • * "Twoosh" is a word invented to describe Twitter messages that contain exactly 140 characters.

  34. Our Twitter policy: Be professional, kind, discreet, authentic. Represent us well. Remember that you can't control it once you hit "update.“ 140 characters it a twoosh

  35. Questions? Comments?

  36. MISSION: the elimination of illegal discrimination from the workplace

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