Okla. Admin. Code § 455:10-17-8

Current through Vol. 42, No. 3, October 15, 2024

Section 455:10-17-8 - Oklahoma State Shared Mediation Program (OSSMP)

(a)General. The Oklahoma State Shared Mediation Program (OSSMP) is a project of the Commission to provide mediation as an alternative means to resolve disputes in the state workplace. The purpose of the OSSMP is to resolve disputes at the earliest possible time to increase the quality of communication with the workforce, to maintain a productive work environment and to reduce the costs and time involved with formal processes. The Commission will establish guidelines for use of the OSSMP. The OSSMP provides an opportunity for agencies and employees to voluntarily settle appeals, grievances and other employment disputes and conflicts. It is not necessary for a petition for appeal or internal agency grievance to be filed before requesting or using the OSSMP.

(b)Participant responsibility. The participants shall be present and on time. Failure to do so may result in dismissal of the mediation session. Each participant shall mediate in good faith, without time constraints, and put forth their best efforts with the intention of reaching settlement, if possible. Even if the participants do not reach a complete settlement, they may reach agreement on various issues.

(1) Each participant shall speak for himself or herself.

(2) If the appointing authority is involved in the dispute or conflict, he or she may name a spokesperson to speak and act on behalf of the agency. The spokesperson shall have knowledge of the incidents surrounding the dispute and shall have settlement authority. The appointing authority shall not name a legal representative to act in this capacity unless the legal representative has knowledge of the incidents surrounding the dispute.

(c)Representation. Each participant may have a representative accompany him or her to the mediation session to act in an advisory role only. A representative shall not be allowed to interrogate or question any participant and shall not otherwise take or have an active role in the mediation session.

(1) Any participant at the mediation session without a representative must consent to allowing the attendance of a representative for any other participant.

(2) A representative shall be subject to the laws, rules, terms and conditions governing mediation, including but not limited to, confidentiality.

(3) A representative need not be an attorney.

(d)Mediator. The mediator shall be assigned by the Executive Director. The mediator shall:

(1) take an active role in the session and maintain neutrality and impartiality at all times;

(2) have the flexibility to adapt the session to the situation at hand;

(3) aid the participants in the discussion of settlement and resolution of the issues in dispute; and

(4) terminate the session because of the disruptive behavior or conduct of a participant or representative.

(e)Time limits. After acceptance of a request for mediation, any applicable time limits shall be tolled pending completion of the mediation process.

(f)Referral. In an effort to make mediation available to the widest possible audience, the Commission shall accept referrals from the Commission staff, Administrative Law Judges, appointing authorities, agency grievance managers, supervisors and individual employees.

(g)Request. A request for mediation shall include:

(1) the name, address and work telephone number of the person making the request and the names, addresses and work telephone numbers of those involved in the dispute or conflict;

(2) a description of any internal agency grievance or other complaint pending on the issues in dispute; and

(3) signature of the person making the request.

(A) submission of the Commission's Request for Mediation of Grievance or Request for Mediation Services shall satisfy this requirement;

(B) If mediation is requested by an agency grievance manager or decision maker in the internal agency grievance process, the agency grievance manager shall notify the employee of the request; and

(C) If mediation is requested by an employee and an internal agency grievance is pending, the employee shall notify the agency grievance manager of the request.

(h)Intake.

(1) The Commission shall conduct an intake interview upon receipt of a request for mediation to determine if:

(A) the matter in dispute or conflict is appropriate for mediation;

(B) the persons involved in the dispute or conflict are correctly identified;

(C) the persons involved in the dispute or conflict are willing to mediate; and

(D) any person involved in the dispute or conflict will have a representative in attendance at the session.

(2) The Commission's Mediation Intake form shall be completed by the person conducting the intake with a recommendation to accept or reject the request. The Executive Director shall review the recommendation and accept or reject the request.

(A) If rejected, the person making the request and the persons involved in the dispute or conflict shall be contacted and notified.

(B) If accepted, the Executive Director shall assign a mediator.

(i)Session. The mediation session shall be informal, structured by the mediator and not open to the public. The session shall be a confidential procedure and shall not be filmed, taped or otherwise recorded. Participants and representatives shall respect and maintain the confidentiality of the session.

(1)Notice. At least 3 calendar days before the scheduled session, the Commission shall notify the parties of the date, time and location of the session.

(2)Location. The session shall be held at the Commission office or any other location determined appropriate.

(3)Witnesses. Witnesses shall not appear or give testimony at the session.

(4)Agreement to mediate. Before the session begins the participants and representatives shall sign the Commission's Agreement to Mediate form.

(5)Caucus. The mediator may call a caucus at any stage of the session.

(6)Continuance. A request for continuance shall normally be filed in writing no less than 3 calendar days before the scheduled voluntary mediation session date in accordance with OAC 455:10-3-17. A lesser period of time may be permitted for good cause shown.

(A) The Executive Director shall rule on the request and shall grant a request only in those instances where extraordinary circumstances exist and good cause has been shown.

(B) A continuance shall be granted to a date certain and no case shall a combination of continuances of voluntary mediation exceed a total of 30 calendar days except for good cause shown.

(j)Agreement. If an agreement is reached, it shall be reduced to writing and signed by each participant and the mediator. The agreement shall be reviewed and approved by the Executive Director before it can become final or before dismissal of an appeal shall be entertained.

(1) If an agreement is reached and approved by the Executive Director, the Commission shall conduct two follow-ups to determine the success of the voluntary mediation session.

(A) The first follow-up shall be conducted between 30 and 45 days after the agreement is approved.

(B) The second follow-up shall be conducted between 75 and 90 days after the agreement is approved.

(2) The Commission's Case Follow-Up Report form shall be used to record any complaints, concerns or compliments expressed by the participants during the follow-ups.

(k)Conclusion. The mediator shall end the session when an agreement is reached and reduced to writing. If an agreement is not reached, the mediator shall end the session when any participant elects to not continue or when in the judgment of the mediator, agreement is not possible, unless sooner terminated for the disruptive behavior or conduct of a participant or representative.

Okla. Admin. Code § 455:10-17-8

Added at 11 Ok Reg 1871, eff 5-12-94; Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 19 Ok Reg 2376, eff 7-1-02