Voluntary State Employee Mediation Program (SEMP)

Background/Purpose

The Voluntary Colorado State Employee Mediation Program was established in 1986. The program’s goal is to provide an alternative method of resolving workplace disputes. It can be used as an alternative to, or in conjunction with, the standard grievance process. The constructive resolution of disputes benefits the organization and the parties involved. Mediation of disputes by a neutral third party has been shown to be effective in helping resolve conflicts and provides for more accepted and lasting solutions than other means. There is no charge for mediation services provided by the program.

Description of Program

The Director of the Division of Human Resources, Department of Personnel & Administration, designates a Mediation Administrator to direct the program.

• Mediators for the program are current state employees who have received formal mediation training and who volunteer their time to the program with the approval of their supervisors. These trained and experienced mediators are employed in a number of different occupations and departments throughout state government and represent diverse backgrounds.

• Employees and supervisors are encouraged to request mediation in situations where interpersonal disputes are significantly disruptive, and where other means of resolution have proven ineffective.

• Mediation is voluntary except in situations where a grievance has been filed. In these cases, if one party asks for mediation “…the other party must participate and time limits are suspended pending the outcome or discontinuance of mediation.” (8-9B)

• Except for those disputes governed by 8-9B, the Appointing Authority’s approval is required for mediation.

• Mediators are neutral impartial facilitators who help the parties arrive at a mutually agreeable solution. They may not impose their views or solutions to a problem nor act as advocates for either party.

• Mediators are required to keep confidential all information obtained in a mediation process and all notes and other materials generated in the mediation process are destroyed.

• Mediators are required to report any statements regarding harm to anyone as well as statements suggesting that a serious crime will be committed. Reports will be made to the Mediation Administrator.

• Records kept by the Mediation Administrator will only include the initial request and the mediator’s summary (names, nature of dispute in general terms, number of sessions and outcome) for annual reporting purposes.

• Final agreements will vary from case to case but all final agreements will require that both parties sign the agreement for it to be in force. Agreements will indicate how the parties plan to implement the agreement, and how they will involve and communicate the plan to the supervisor.

• Only those adequately trained are allowed to mediate. The Mediation Administrator determines who meets the required criteria to be a mediator in the program.

Mediation Process

• Employees and supervisors request mediation by contacting the Mediation Administrator, who confirms that all parties are willing to mediate and the Appointing Authority has agreed.

• The Mediation Administrator maintains a list of approved mediators and uses that list to solicit volunteers when a mediation request is received.

• Generally, mediators may not be assigned to mediate a dispute in the department where the mediator is employed.

• Mediators contact the parties and initiate the mediation.

• Normally, mediation is limited to four sessions. If the mediator believes additional sessions would produce an agreement, additional sessions may be held.

• When the mediation has concluded, the mediator informs the Mediation Administrator regarding the type of dispute, number of sessions and the outcome.

• The Mediation Administrator prepares an annual summary report.

Quality Assurance

• Only those mediators who have completed appropriate training and have approval from their supervisor will be allowed to mediate. The 40-hour basic course given by the Colorado Division of Human Resources will qualify. The Mediation Administrator will consider other courses on a case-by-case basis.

• Refresher training will be made available periodically to those in the mediator pool. The training will be designed to assure quality performance by mediators. Refresher training will be required for those who wish to continue in the mediator pool.

• The parties to the mediation will complete an evaluation at the end of each mediation assignment. Continuation in the mediation pool is contingent on receiving adequate evaluations. In addition, the Administrator may observe mediations and complete a written evaluation of the mediator(s).

Contact Information

For more information about the Colorado State Employee Mediation Program or to request mediation, please contact:

Jon Richard
Colorado State Employee Assistance Program
Department of Personnel & Administration
633 17th Street, Suite 1120
Denver, Colorado 80202

Phone: 303-866-4314 or 800-821-8154
E-Mail: Jon.Richard@state.co.us

Forms
Agreement to Mediate
Application to Become a Mediator
Mediation Agreement Template