MEDIATION FOR A PRODUCTIVE WORKPLACE
A Restorative Justice Program
from the Mediation Center of San Joaquin County

WHAT IS RESTORATIVE JUSTICE?

All of us hope for justice when we are hurt.

But justice often extracts a high price from all parties involved. Reputations are injured, resources are wasted, friendships can be destroyed, and jobs may be lost. The list goes on. In a workplace, the productivity of the whole organization can be damaged in the process of attempting to treat all parties fairly.

Restorative justice processes focus on placing responsibility for making things as right as possible on the individual who caused the harm. At the same time, the individual who has been hurt helps to define appropriate restitution. Both parties work together to find a constructive resolution that protects all interests.

The goals of restorative justice are:

• to assess harmful situations in confidential, non-adversary setting;
• to allow the responsible party to make things as right as possible; and
• to create an agreement for the future that will permit both parties to contribute productively in a non-hostile work atmosphere.

WHAT ARE THE BENEFITS OF EMPLOYEE MEDIATION?

• Mediation is private and informal. The parties maintain control of information and outcomes.
• Mediation creates a safe environment where both parties can explore and come to understand the perspectives of the other.
• Both parties participate in setting restitution that is reasonably calculated to make things as right as possible. Future intentions, and expectations, are clarified by the parties' commitments.
• Where harm has been caused, the responsible party has the opportunity to repair that damage. Mediation allows for sincere expression of regrets and forgiveness.
• By dealing with what has happened for themselves, parties can put a stop to cycles of misunderstanding and resentment, creating a more productive work environment for the future.

WHEN AGREEMENTS ARE KEPT OVER TIME, TRUST GROWS.

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HOW CAN REPUTATIONS BE PROTECTED?

• Mediations are confidential. Sessions are private, and held away from the workplace. Before a session begins, every person involved commits not to reveal what is discussed, except matters that all parties agree to disclose. Notes made by mediators are promptly destroyed.
• The California Evidence Code creates a privilege that prevents parties to mediation from testifying about what went on in a mediation session.
• Agreements made in mediation remain private unless the parties choose to reveal them.
• No outsider ever needs to be aware of any detail of a mediation.

WHAT IF NO AGREEMENT IS REACHED?

When the parties are not able to resolve the situation through mediation, employer processes offer other alternatives. Your employer can explain those to you. The contents of the mediation sessions remain confidential. The Mediation Center will report only:

• the number of sessions held, and
• whether the parties reached resolution, or desire to pursue other avenues for resolving open issues.

WHAT DOES IT COST?

Parties pay nothing for the mediation. Your employer will reimburse the Mediation Center for the cost of mediation services.

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HOW DOES THE MEDIATION PROCESS WORK?

A trained, neutral third party facilitator conducts the mediation, which involves up to three separate meetings. The meetings are held at the Mediation Center and are confidential. That is, the content of discussions inside the mediation is not revealed to any outsider, except with the explicit permission of everyone involved in the session.

First Session (mediator & reporting party)

• discuss experience, concerns and feelings.
• discuss options for resolving the problem that will satisfy and preserve productivity and comfort on the job.
• agree what to reveal to other party.
• commit to working constructively with the other person to resolve the situation.

Second Session (mediator & second party)

• clarify nature of problem.
• discuss second party's view of the situation.
• discuss willingness to take responsibility for causing any harm, to make things as right as possible, and to work constructively toward creating a workplace atmosphere that is comfortable for all.

Third Session (mediator & both parties)

• reach common understanding of problem.
• explore options for making things as right as possible, and for working productively and comfortably in the future.
• write up agreements, if desired.

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IT'S YOUR CHOICE
You CAN Achieve Equal Opportunity Through Reconciliation