Mediation is a 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. Mediation aims to help the disputing parties reach a mutually acceptable agreement. The Statewide Mediators Pool has been established as a resource for state agencies seeking a neutral third party to assist in resolving employment disputes at an early stage.

Registered mediators with the Statewide Mediators Pool are individuals from various state agencies who:

Appeals that have met jurisdictional requirements for the following adverse employment actions are forwarded to the State Employee Grievance Committee for a hearing if the appeal is not resolved through mediation:

Denials

If an employee’s appeal is denied, they may request reconsideration of the denial from the State Human Resources Director. This request must be made in writing to the State Human Resources Director and submitted within 30 calendar days of the employee’s receipt of the denial.

Mediation is a process whereby a neutral third party seeks to facilitate an agreement between two parties who have a disagreement.

Mediation is mandatory according to the State Employee Grievance Procedure Act and seeks to reach a mutually acceptable agreement between the parties before the State Employee Grievance Committee or an arbitrator requires a final decision.

After a covered employee has completed the internal grievance process with their agency, or the time for the agency to respond to the grievance has passed, the covered employee may file an appeal with the State Human Resources Director.

A covered employee who wishes to appeal the decision of the agency to the State Human Resources Director shall file an appeal within 10 calendar days of receipt of the decision from the agency head or his designee or within 55 calendar days after the employee files the grievance with the agency, whichever occurs later.

The State Human Resources Director must approve the amount of reinstatement pay due to a covered employee in a reversed disciplinary action resulting from the agency internal grievance procedures, appeals at the state level or any other time a disciplinary action is reversed. This includes back pay following an employee’s return to work from a suspension pending investigation. See State Human Resources Regulations Section 19-719.01.

Appeals that have met jurisdictional requirements for the following adverse employment actions are forwarded to an arbitrator if the appeal is not resolved through mediation:

• Lack of promotional consideration
• Punitive reclassifications
• Suspensions for 10 days or less 
• Involuntary reassignments more than 30 miles

To learn more, view An Appeal in the Mediation Arbitration Process Flowchart (.doc).

The General Assembly finds 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 Alternative Dispute Resolution Program assists agencies and citizens with issues involving the State Employee Grievance Procedure Act and appeals to the State Human Resources Director. Assistance is also provided to agencies interested in using the services of a mediator through the Statewide Mediators Pool.

Notice for State Employees

The Governor, in coordination with state emergency management officials, will determine whether to close state government offices in Richland and Lexington counties due to hazardous weather. This includes the state-supported colleges, universities, and technical colleges located in those two counties.