Human Resources Policy Manual

<<  Section 8A: Workplace Mediation Program  >>

    1. Overview
    2. Eligibility
    3. JHU Workplace Mediators
    4. Confidentiality

Effective December 1, 2011

  1. Overview

    The University's workplace mediation program is designed to provide a voluntary and confidential process to resolve conflict arising in the course of employment, in accordance with the Workplace Mediation Procedures. Mediation brings participants together with a mediator in an informal, neutral setting to share perspectives, identify disputed issues, develop options, consider possible solutions, and seek to reach a mutually acceptable resolution to their dispute. Mediation enhances communication and understanding between the participants assisting them to resolve their dispute and discuss future relationships. Mediation often concludes with the participants creating a formal agreement stating the agreed resolution. Any resolution arising out of mediation must conform with University policy, procedures, or applicable law, and cannot supersede or contradict the same.

  2. Eligibility
    1. Mediation is available to primarily but not exclusively JHU staff (excluding bargaining unit employees and staff during the original introductory period). The party requesting mediation must be an eligible JHU staff member.
    2. Scope and limitations of issues than can be pursued under this program: Concerns alleging sexual harassment, sexual violence, or discrimination based upon race, color, gender, religion, age, sexual orientation, national or ethnic origin, disability, veteran status, or marital status are to be presented to the Office of Institutional Equity for consideration and may not be eligible for mediation. Contact the Office of Institutional Equity for more information.
  3. JHU Workplace Mediators

    The University has developed an on-campus pool of trained mediators who are neutral and unbiased with no stake in the outcome of the mediation process. The role of the mediator is a facilitator of the communication process, not an advocate, judge, jury, counselor, or therapist. The mediator does not give legal advice, solve the dispute, express an opinion on who is right or wrong, or make decisions for the participants. The mediator assists the participants in generating possible solutions that are mutually acceptable.

    The mediator certifies that he has read and, consistent with state law, will abide by the Maryland Standards of Conduct for Mediators.

  4. Confidentiality

    To promote frank and productive discussion, the parties agree that the mediation process shall be confidential. All oral and written communications provided during the mediation process are confidential and shall not be used for purposes outside of the mediation in accordance with the Maryland Mediation Confidentiality Act, Sections 3-1801 through 3-1806 of the Maryland code, except as required by law. The University may have need to disclose or refer to information generated during mediation where required by applicable law including but not limited to cases of child abuse, vulnerable adult abuse, threats of physical harm to self or others, sexual harassment, and sexual violence. Furthermore, the University reserves the right to add other exclusions to confidentiality to ensure compliance with applicable law and/or policy. Mediation communications are also subject to disclosure by court order to the extent that the court determines that the disclosure is necessary to prevent a manifest injustice or harm to the public interest that is sufficient magnitude in the particular case to outweigh the integrity of mediation proceedings. A written agreement resulting from this mediation is not confidential and may be disclosed by either party (unless the parties agree otherwise in writing). Subject to the limitations on confidentiality noted above, the information shared during the mediation process related to the dispute must not be used or referenced in proceedings conducted under the Appeal Process set forth in Section 8 of the Human Resources Personnel Policy Manual.

    To learn more about mediation or to request a mediation session, contact a Unit Based Workplace Mediation Coordinator or visit http://mediation.jhu.edu.