STATE GRIEVANCE BOARD OFFERS MEDIATION SERVICES

Should You Consider Mediation?

Ron Wright, Esq., director of the W.Va. Education and State Employees Grievance Board, has emphasized his belief that the agency’s mediation service should be used more frequently, particularly early in the grievance process before a hearing is held. He has explained that the Board provides mediators, free of charge, to help employers and employees in identifying, clarifying and resolving issues at any stage of the grievance process.

To help promote its mediation service, the Board’s staff has added to its web page several Tips for Successful Mediation Participation. There are also two links for anyone who wants to learn more about mediation, and its advantages over other traditional methods of resolving disputes. During the last fiscal year about 70% of the grievances mediated early in the process were resolved. If you want to learn more about mediation, check out the Grievance Board’s updated web page at http://www.state.wv.us/admin/grievanc/mediation.htm. Additional information about the Board’s mediation program is available in its Annual Reports to the Governor and Legislature.

Mr. Wright provided the following quote, often attributed to President Lincoln:

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often really a loser, in fees, expenses and waste of time. As a peacemaker, the lawyer has a superior opportunity at being a good man. There will still be business enough.”

Although the mediation services are available to all state grievants or employers, the number of school employee’s grievances that have been mediated is currently small. Since grievances are expensive to litigate through all the levels of the grievance procedure and/or the courts, it is a worthwhile alternative to consider. It gives both parties a chance to hear the other side without making a legal record, and in an environment that is conducive to compromise. The mediator can listen and provide interpretation and feedback that may clarify the opposing party’s position and suggest alternative ways to improve the situation without going through the entire grievance process.