Mediation Preparation Guide for Grievances

 before the Marine Employees' Commission

The Marine Employees’ Commission encourages the parties to grievance mediation to be prepared to present the following information at the mediation in order to enhance the likelihood of resolution: 

                1.            What is this case really about? – Try to develop a one sentence explanation of the essence of the case. 

                2.            Why does this case matter to you? – This question need not be answered out loud but an understanding by each side of its true needs is essential to mediation.  Pruning away matters that may not truly matter is an important step in mediation. 

                3.            What is the issue’s paper trail? -  Copy the grievance form, all correspondence relating to the grievance, and any records on which either side relies and make sure both parties have a complete copy of the material before the mediation.  Where necessary, ask the other side to produce relevant documents at or before the mediation. 

                4.            Evidence? - If there is a factual dispute, determine who can back up the claims made by either side.  It may also be a good idea to secure statements before the mediation to be more persuasive.  (Remember, though, that the other side probably can use any such written statements in a subsequent hearing.) 

                5.            What contract sections or side agreements apply? – Be prepared to state and explain. 

                6.            Is there any relevant negotiation history? – Be prepared to explain it and be prepared to state how it can be proven in the event there is a dispute. 

                7.            Have there been any previous cases or settlements of this issue or issues that are similar? – Supply them to the other side and bring them to the mediation. 

                8.            Is there a demand for money?  If so, how is it calculated? – It is not necessary to figure it out penny by penny but it is necessary to be able to state how the sum can be determined. 

                9.            What specific time period is involved? – Be prepared to explain. 

           10.            Is money claimed for one person or everyone in a particular situation? Be prepared to explain. 

           11.            What documents illustrate the calculation of the damages? – If necessary, ask the other side to bring the relevant documents to the mediation. 

           12.            If you get your way, what practical difference will it make? – What would a compromise settlement look like?  Be creative.  Think about partial settlements that might move the matter along.