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478-1-.29. DISPUTE RESOLUTION SERVICE. (11-15-95/11-30-95)
SECTION 29.100. APPLICABILITY, PURPOSE AND POLICY.
PAR. 29.101. Policy. It is the policy of the State Personnel Board to provide for alternative forums for resolving workplace conflicts. Such forums include, but are not limited to, mediation. Mediation is an interest-based process which assists parties in reconciling their competing interests and which seeks integrative solutions that meet as many needs of both parties as possible. Mediation does not assume that resources must be divided in such a way that one party wins and the other loses. The goal of mediation is to find solutions that are mutually satisfactory for all parties. (11-15-95/11-30-95)
PAR. 29.102. Establishment of the Dispute Resolution Service. The Commissioner shall establish and administer a dispute resolution service which provides for alternative methods, including but not limited to mediation, for resolving workplace disputes. After collaborating with experts in the field, peers, and professional organizations, the Commissioner shall establish standards and procedures for administration of the dispute resolution service. (11-15-95/11-30-95)
PAR. 29.103. Purpose. The purpose of the dispute resolution service shall be to provide a forum for early intervention in, and resolution of, workplace conflicts, and to provide supervisors and employees with an informal, nonadversarial process for resolving conflicts at the earliest possible opportunity. (11-15-95/11-30-95)
PAR. 29.104. Applicability. The following rules on the administration of the dispute resolution service shall apply to all employees in the classified service. (11-15-95/11-30-95)
SECTION 29.200. DEFINITIONS.
PAR. 29.201. "Mediation" means an informal, problem-solving process in which a certified mediator helps disputing parties reach a mutually satisfactory agreement. (11-15-95/11-30-95)
PAR. 29.202. "Parties" means all individuals directly involved in a conflict. (11-15-95/11-30-95)
PAR. 29.203. "Certified Mediator" or "Mediator" means an individual who has satisfactorily completed the training and certification requirements established by the Commissioner. Such individual acts as a neutral third party assisting in dispute resolution. (11-15-95/11-30-95)
PAR. 29.204. "Certified Mediator Pool" means a list of those employees who are certified mediators and who are available for conducting mediation sessions. (11-15-95/11-30-95)
PAR. 29.205. "Dispute" or "Conflict" means any disagreement arising in the workplace between employees, peers, coworkers, supervisors, or managers which interferes with a productive and harmonious working environment or working relationship. (11-15-95/11-30-95)
SECTION 29.300. CERTIFIED MEDIATOR POOL
PAR. 29.301. Establishment of the Pool (11-15-95/11-30-95)
PAR. 29.301.1. The Commissioner shall establish procedures for the creation of a certified mediator pool. Such procedures shall include provisions for: (11-15-95/11-30-95)
PAR. 29.301.2 The Commissioner shall provide for a course of instruction to train selected employees as mediators. (11-15-95/11-30-95)
PAR. 29.301.3 An employee who satisfactorily completes the required course of instruction and meets any other criteria deemed appropriate by the Commissioner shall be designated as a certified mediator. (11-15-95/11-30-95)
PAR. 29.301.4. The Commissioner shall maintain a pool capable of accommodating requests for usage in a timely and expeditious manner. (11-15-95/11-30-95)
PAR. 29.302. Use of the Pool. (11-15-95/11-30-95)
PAR. 29.302.1. The Commissioner shall propose one or more mediators from the mediator pool to conduct the mediation. All parties must agree to the selection of the mediator(s). (11-15-95/11-30-95)
PAR. 29.302.2. Selection of certified mediators may be limited to employees of the requesting agency; provided however, the certified mediator shall not be an employee in the direct vertical managerial hierarchy of the parties involved in the dispute; and shall not have any familial relationship to any of the parties. (11-15-95/11-30-95)
PAR. 29.302.3. Disclosure. Mediators selected to conduct mediations shall promptly disclose to the parties any circumstances known to them which would cause reasonable doubt regarding the mediator's impartiality. If any such circumstances have been disclosed, the individual shall not serve as mediator without consent of the parties. (11-15-95/11-30-95)
PAR. 29.302.4. Transportation and subsistence expenses incurred by a certified mediator in the course of all official duties related to conducting a mediation session shall be the responsibility of the requesting agency. Payments shall be made according to official statewide travel guidelines promulgated jointly by the State Department of Audits and the Office of Planning and Budget. (11-15-95/11-30-95)
SECTION 29.400. PROCESS
PAR. 29.401. Proposing Mediation. The mediation process may be initiated by any party, employee, supervisor, manager, personnel officer or other person designated to resolve disputes within any state agency. (11-15-95/11-30-95)
PAR. 29.402. All parties to the dispute and the nature of the dispute shall be identified. The Commissioner shall determine whether the mediation process is an appropriate method for seeking resolution of the dispute under this rule. (11-15-95/11-30-95)
PAR. 29.403. The dates set for the mediation session shall be determined by mutual agreement of the parties involved. The parties will be provided with written notice of the time and location of the mediation session and shall be provided with copies of an agreement to mediate and a confidentiality agreement prior to the session. (11-15-95/11-30-95)
PAR. 29.404. Certified mediators shall conduct mediation sessions according to established processes and standards. Mediators not adhering to the standards of performance and established conduct may be removed from the list of available mediators. (11-15-95/11-30-95)
SECTION 29.500. SETTLEMENT AGREEMENTS.
PAR. 29.501. Written Agreements. At the end of each mediation session, a written agreement will be produced for the signature of all parties. When the final agreement is signed, it shall be considered binding, provided, however, that no portion of the agreement violates any laws or rules, and all parties shall comply with the provisions of the agreement unless modified by mutual consent. (11-15-95/11-30-95)
PAR. 29.502. Grievance Settlements. In cases where grievances have been referred to mediation, the personnel officer shall receive a copy of the written agreement. Copies of the agreement shall be maintained separately from the personnel files of the parties involved. (11-15-95/11-30-95)
SECTION 29.600. CONFIDENTIALITY.
PAR. 29.601. The mediator shall exercise reasonable care to prevent disclosure of the nature of any discussions during the mediation session except as required by law or court order. (11-15-95/11-30-95)
PAR. 29.602. All parties shall sign an agreement that at no time will a mediator be called as a witness in any judicial or administrative proceeding concerning or relating to the dispute, resolution of the dispute, or any matter involving the final agreement. (11-15-95/11-30-95)
PAR. 29.603. Any release, consent form, or written agreement signed by the parties as a result of mediation may be used in any relevant judicial or administrative proceeding. (11-15-95/11-30-95)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
