****DRAFT****

Approved March 4, 2005 by the Mediation Task Force

UW-Superior Proposed Policy on Conflict Resolution

PURPOSE: The University of Wisconsin-Superior values intellectual growth, honesty, individual attention, professionalism, respect for others and the diversity of peoples and cultures.  We recognize that conflict is a normal, natural and necessary part of living together in community.  Conflict has much positive potential that can benefit the parties and the institution.  The ways in which we respond to conflict in our campus community should reflect our values.

We are committed to providing respectful, constructive and positive alternatives for our campus community to resolve and learn from conflict.  Effectively handled conflict serves our campus community in the following ways:

• Promotes safe and respectful dialogue, discussion, conversation and debate;
• Encourages mutual understanding;
• Provides opportunities for personal clarity, skill and confidence in addressing conflict;
• Promotes ethical standards and behaviors within the campus community;
• Fosters reconciliation and healing;
• Provides a positive force for change on the campus.

UW-Superior is committed to providing individuals a safe, neutral place to discuss conflict situations and assisting in the resolution of conflicts.  That process will be fair, timely and free from retaliation.  Recognizing that the individual has both a personal interest in and share of the responsibility for resolving his/her conflict, UW-Superior encourages and facilitates the use of voluntary conflict resolution through the processes and mechanisms specified in this policy.

Conflict resolution processes are voluntary and members of the UW-Superior campus community may choose to proceed directly to formal remedies in any situation should that be the desired option.  However, individuals and groups are encouraged to seek an appropriate resolution to any conflict within our institution through direct discussion with the involved individuals.  If this does not resolve the situation, involved parties are encouraged to request assistance through a mediator to help facilitate conversation about the issue through the mechanisms provided in this policy.  If this does not resolve the situation, involved parties may seek formal remedies consistent with existing policies and procedures for different constituencies on campus.

The background for this policy includes campus studies about workplace climate and conflict issues, extensive conversations with interested campus constituencies and ongoing development and discussion by the Chancellor’s Mediation Task Force between 1999 and 2005.  The Chancellor’s Mediation Task Force includes representatives from most constituency groups on campus.

CONSTRAINTS:

• Faculty and Academic Staff Handbooks
• WI Labor Agreements
• UW System Regents policies
• WI Administrative Code-Rules of UW System
• WI State Statutes Chapter 36 UW System

GLOSSARY OF TERMS:

Assistance: The mediator helps the parties to listen, understand and identify issues and interests important to the resolution of the conflict. The mediator may also aid the parties to find appropriate resolutions, where possible. The mediator will not make decisions for the parties or decide who is right and wrong.

Confidential: Confidential means that neither parties nor the mediator will discuss the content and manner of discussions during the mediation with outside parties, other than general descriptions that do not identity details or parties. 

All parties in mediation must agree about the confidentiality of conversations held during the process.  The preferred agreement is that mediation is confidential.  The agreement about confidentiality should occur prior to the onset of the mediation process.

Impartial: The mediator will be neutral and have no stake in the outcome. This neutrality will be demonstrated by even-handed and balanced conduct that the mediator practices with all parties in the process. The mediator will clearly disclose any known potential or actual conflict of interest with any party. The parties may then decide any issues related to impartiality by continuing with the current mediator, selecting a new mediator or choosing not to participate in the mediation process.

Mediation: Mediation is the confidential process of resolving disputes by utilizing the basic tenets of communication facilitated by an impartial mediator. The purpose of mediation is to promote self clarity and competence, mutual understandings between parties and mutually acceptable resolutions if possible. Mediation helps parties clarify their issues and interests, open lines of communication and develop better working relationships. Mediation may occur between two or more parties using various facilitated processes.

Mediator: The mediator is the third party neutral and facilitator of the mediation process. The mediator has primary responsibility for organizing the process; the parties have primary responsibility in identifying the content and decide the outcome.

The campus will maintain an internal roster of those who have been trained in mediation and a set of external referral sources, if necessary.  The training requirements will be determined by the Coordinator and the Standing Committee on Conflict Resolution.  If an external mediator is required (in the judgment of the Coordinator after consultation with the parties), then UW-Superior will pay for their services to resolve the conflict.  Whenever possible, assignment of internal mediators is preferred.

Resolution: Resolution is an agreement reached between the parties. If an agreement is reached, it will be documented in writing by the mediator (with parties’ assistance) and signed by the parties participating in the mediation. The parties will decide who receives copies of the agreement other than those participating.

UW-Superior Community: The UW-Superior community is defined as anyone affiliated with the university campus including but not limited to faculty, academic staff, classified staff, students, volunteers, vendors, and independent contractors.

Voluntary: Voluntary means that the parties will not be required, compelled, or coerced to participate in the process or generate a particular outcome against their will. Successful mediation depends upon the parties’ willingness and good faith to participate fully, openly and honestly in the process. If no agreement is reached through mediation, the parties have other informal and formal remedies and rights made available under University policy or state law including further mediation.

ELIGIBILITY: Any and all members of the UW-Superior community are eligible to access the conflict resolution processes in any conflict that is affecting UW-Superior workplace, campus environment, or performance.

ISSUES TO BE MEDIATED: Facilitated conversations may be appropriate to address issues, generate mutual understanding and, perhaps, create a mutually acceptable agreement. Examples of situations where mediation may work well include but are not limited to:

• Disputes between co-workers, colleagues, students or any UW-Superior community members who are finding it difficult to function together in the workplace, campus, and academic environment;
• Frustrations and disagreements related to perceived lack of clarity or consensus regarding assignments, goals, or expectations;
• Conflict stemming from differing cultural backgrounds, personality types, work styles or learning styles;
• Conflicts within or between groups on campus;
• Communication breakdowns/barriers.

ISSUES WHERE MEDIATION MAY NOT BE APPROPRIATE: There are some circumstances where mediation/conflict resolution will generally NOT be applicable, including but not limited to:

• Disputes primarily related to the interpretation of a collective bargaining agreement;
• Cases involving claims of sexual harassment or employment discrimination unless all parties agree to conflict resolution;
• Conflict related to discipline and/or discharge for misconduct;
• Termination, tenure and non-renewal of contract; and
• Cases involving criminal charges or serious threats to persons or property.

In these situations, there may be specially, individually designed conflict resolution processes that could help explain situations or consequences but the issues themselves are regulated by pre-existing contracts or statutory laws/rules. For information on how to proceed in these situations, please contact the UW-Superior Human Resource Department or the Affirmative Action Officer for UW-Superior.

INAPPLICABILITY TO ISSUES OF CONDITIONS OF EMPLOYMENT: The mediation/conflict resolution options cannot be used to create terms and conditions of employment.  Nothing in this process creates a condition of employment, express or implied, for any period of time.

Terms and conditions of employment generally include: wages and benefits, work rule, including hours of work, job classification, effort required, and work practices; individual job rights such as seniority, discipline procedures, and promotion and layoff procedures: management and union rights; and the methods of enforcement and administration of the contracts, including grievance resolutions.

RELATIONSHIP TO FORMAL PROCESS: The mediation/conflict resolution processes do not replace any formal procedure in existence at the time of the implementation of this policy at UW-Superior.  Rather, it supplements formal processes by resolving conflicts informally.  UW-Superior community members do not waive their rights to a formal process should they choose to go through the mediation/conflict resolution process. 

This policy does not affect other timelines from existing contracts or formal policies. The UW-Superior community member(s) involved in mediation/conflict resolution should investigate other timeline implications.

ADMINISTRATION OF THE PROGRAM: The Chancellor will appoint the Standing Committee on Conflict Resolution with eight (8) voting members serving two year staggered terms with 2 representatives from the following groups: students, academic staff, faculty, and classified staff. The Standing Committee shall:

· hear appeals of coordinator decisions

· serve as an advisory body to the coordinator regarding program development

· review and submit annual report to the governance bodies and the Chancellor in March of each year

· evaluate the Coordinator

· develop and adjust the mediation process

The Chancellor shall appoint a coordinator (whether by reassignment or new hire) and designate an office with support. The duties of the Coordinator shall include:

· serve as an ex-officio on the Standing Committee

· oversee and manage the process

· keep appropriate records

· recruit, select, provide for training, and evaluate mediators

· be available to answer questions and facilitate the service where appropriate

· review written statements requesting mediation

· identify the mediator and appropriate parties to mediate

· schedule meetings

· brief the parties as to the process

· arrange for outside mediation where appropriate and necessary

· certify the resolution of the conflict

· write an annual report detailing the program activities. The annual report shall include number (not names) of cases requested for mediation, number of total mediations conducted, information regarding the communication of the mediation/conflict resolution program to the university community as well as other relevant information

· submit the annual report to the Standing Committee on Conflict Resolution

· disseminate information to the UW-Superior community about the conflict/mediation program

· coordinate training to improve UW-Superior community understanding and awareness of mediation

CONFIDENTIALITY: The mediation process is protected from disclosure to the extent permitted by law. The parties may alter their own confidentiality understandings by mutual agreement but under no conditions will the mediator be required to disclose information about the process or content of the mediation.

INDEMNITY: The State will indemnify University employees, officers and agents against liability for damages arising out of their activity while acting within the scope of their respective employment or agency, pursuant to sec. 895.46(1) and 893.82, Stats.

NON-RETALIATION: Any attempt to intimidate or retaliate against a person for participating in conflict resolution under this policy is strictly forbidden. Any person who makes such an attempt will be subject to appropriate disciplinary action, up to and including termination in compliance with existing policies and procedures.