POLICY
The purpose of this Policy is to establish an ADR program to resolve specific workplace disputes for ODNR employees. ODNR strives to create a positive, productive work environment, but recognizes that workplace disputes are inevitable. When managed successfully, disagreements and differing points of view often create opportunities for new ideas and innovative problem solving. To the contrary, when disagreements or conflicts are not managed well, negative impacts to the work environment such as decreased productivity, poor morale, increased absenteeism, etc., often occur. The goal of the ADR program is to provide employees with the tools and resources to resolve personal conflicts constructively therefore minimizing negative impacts on the work environment.
The ADR program shall afford employees the opportunity to use internal/external mediators to assist in resolving any disputes. Any outcomes from the ADR process are non-precedent setting and participation in this program is voluntary. All information presented to the mediator during the ADR hearing is confidential and all parties present shall destroy any notes, etc. at the conclusion of the meeting.
The ADR program is not designed to replace or supplant existing complaint/dispute procedures. Thus, the following matters are not appropriate for this program:
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Disputes regarding application/enforcement of DNR/State policies
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Disputes regarding application/enforcement of a collective bargaining agreement
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Disputes regarding application/enforcement of equal employment or civil rights violations
An Internal Intake Review Team shall review all requests for mediation. The Team shall consist of the HR Chief and a representative from the EEO and Labor Relations Section. Union representatives are included on the Team when disputes involve a bargaining unit employee.
The process takes place during normal working hours, thus no employee shall incur overtime. Employees may use a state vehicle to travel to and from mediation meetings.
PROCEDURE
THE INTAKE PROCESS
To utilize the ADR program, employees must complete an ODNR Request for Mediation form for submission to the HR Office Chief. The Chief shall coordinate the review by the ADR Intake Review Team. The ADR program is only appropriate if all the affected parties agree to participate. Only clearly defined issues are suited for the ADR process. When making the determination of the appropriateness of an ADR request, the Intake Team shall determine if the resolution requested is even possible. If the Intake Team determines and approves the Request for Mediation for the ADR process, the Team shall communicate their decision to the parties involved.
THE MEDIATION PROCESS
Through the use of third-party neutrals (external unless mutually requested and agreed to by the parties), the mediation program is voluntary and either party may terminate the
process at any time. The mediators do not have authority to make decisions and shall not act as an advocate for any party.
At the ADR hearing, the mediator shall identify the parties, define mediation, explain the mediation process and establish ground rules. The parties agree to engage in a good faith effort to resolve their dispute through the program. Each party shall present their description of the conflict. The mediator shall act as an impartial third party to assist the parties in resolving the dispute under consideration.
If a resolution is reached, the Agreement is reduced to writing and approved by appropriate authorities for all parties. Only the involved parties shall receive copies of any settlement. No party is bound by anything said or done at the mediation unless a written agreement is reached and is executed by all parties. It is the responsibility of the parties to live within the spirit and intent of the agreement reached. The mediator shall not maintain copies of any documents once the mediation has been completed.
Anything said to a mediator during the ADR process is confidential and shall remain confidential unless otherwise noted by the parties pursuant to O.R.C. 2317.023. Neither party to the ADR process shall subpoena or request as a witness any mediator or to request or to use as evidence any materials prepared by the mediator, with the exception of a settlement document signed by all parties. Mediator’s shall not voluntarily testify on behalf of any party or submit any reports in connection his/her services from the mediation process. Neither party shall introduce, refer to, or in any other way mention the dispute or attempted resolution from the ADR process in any subsequent arbitration, litigation, pre-disciplinary meeting, or administrative hearing.
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