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Strategic Plan For Equity, Diversity & Community (SPEDC)
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ALTERNATIVE DISPUTE RESOLUTION PROCESS |
PROGRAM DEFINITION AND GOALS Mediation is a voluntary alternative dispute resolution process that uses an objective third party to resolve conflict between two or more parties. The mediator helps the parties to identify, clarify, discuss and resolve their issues, eventually guiding them toward an informed, mutual agreement. The goals of mediation are to:
• Preserve relationships vital to fulfilling the University's mission.
• Provide an impartial, confidential forum in which parties can discuss and resolve issues.
• Resolve issues that interfere with meaningful workplace and campus relationships.
• Improve communication and encourage meaningful dialogue among students, faculty, staff, administrators, and the community at large.
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USE OF THE MEDIATION PROCESS Millersville University employs a facilitative mediation process to expedite disputes/issues in complete confidence. Since the goal is to resolve disputes/issues at the lowest possible level, accessibility to mediation will be a first and immediate alternative to dispute/issue resolution. Mediation should be used after the dispute/issue has gone through traditional informal means prior to a formal complaint. Mediation will not deny parties their rights to due process inherent within Millersville University=s current complaint and grievance management procedures. Parties will be able to seek redress in more traditional dispute/issue resolution forums if a mediation session fails to bring the parties together with a mutual agreement. Mediation can be used as a conflict resolution tool when:
• Parties to a dispute/issue mutually decide to bypass lengthy investigations.
• Parties believe that resolution is in their best interests and that of the institution.
• Initial fact-finding does not warrant a cause finding.
• Disputes/issues presented in the fact-finding process can be resolved through mediation.
• All other appropriate means of addressing disputes/issues have been temporarily suspended.
• Parties are truly committed to resolving conflict in a positive, confidential, and constructive manner.
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PLACEMENT AND STRUCTURE OF THE MEDIATION PROGRAM The Mediation Program will become an internal conflict resolution process made available to all Millersville University employees and students. The Mediation Program will be placed under the direct supervision of the Office of Social Equity & Diversity (OSED). Due to the confidential nature of mediation, the Mediation Program will be established as a separate entity from other complaint and grievance review processes. The Mediation Program will be structured to resolve the dispute/issue received and reviewed by the Assistant to the President for Social Equity & Diversity (program director). Parties interested in participating in mediation can request mediation either by calling the OSED directly (x3787 or 3788), or by submitting a written request for mediation. It is always advisable that the parties first attempt to resolve their disputes.
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ACCESS TO THE MEDIATION PROGRAM The Mediation Program will be available to all students, faculty, staff, administrators, community agencies, and individuals who interface with the institution. These entities may include: contractors, sub-contractors, campus visitors, and people in the community who utilize the educational services and resources on Millersville University's campus.
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SELECTION OF MEDIATORS FOR CASES REFERRED TO MEDIATION The parties will have the opportunity to agree upon a mediator for their dispute/issue. The mediator will be selected from Millersville University's Mediator Roster. The program director will select and assign a mediator to the case and will ensure that there are no conflicts of interest or power imbalances. Selected mediators will also be asked if they perceive any conflicts of interest or power imbalances.
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