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| State Employee/Employer Alternative Dispute Resolution (ADR) | ||||
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The General Assembly finds that harmonious relations between public employers and public employees are a necessary and most important factor in the effective and efficient operation of government, and that a proper forum for the understanding and resolution of employee grievances will contribute to the establishment and maintenance of harmony, good faith, and the quality of public service. The General Assembly also recognizes that the most effective and cost efficient means of resolving grievances occurs at the lowest level, and state agencies are encouraged to use methods of alternative dispute resolution to avoid a grievance hearing and further litigation. It is for the protection and in the interests of both the employee and the agency via a neutral method of dispute resolution and fair administrative review that the "State Employee Grievance Procedure Act", is enacted. Mediation is an alternative dispute resolution process whereby a mediator who is an impartial third party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. The process is informal and nonadversarial with the objective of helping the disputing parties reach a mutually acceptable agreement. The Office of Human Resources (Grievance and Mediation Services) sponsors training in mediation theory and skills for those individuals who may serve as mediators or for those who might be involved in using mediation skills in their jobs. Statewide Mediators Pool The Statewide Mediators Pool was established as a resource for state agencies seeking third party neutrals to assist in resolving employment disputes at an early stage. Registered mediators with the Statewide Mediators Pool are individuals from various state agencies who have been nominated by their agency directors; have a background in human resources; complete a course in mediation theory and skills; and agree to attend yearly training to enhance their mediation skills. Mediation in the State Appeal Process Mediation is required for all appeals that have been determined by the State Human Resources Director to have met jurisdictional requirements. The State Human Resources Director assigns a qualified mediator to facilitate resolution of the appeal prior to being heard by either the State Employee Grievance Committee or the Arbitrator depending on the issue.
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| THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. |