Current through Register Vol. XLI, No. 50, December 13, 2024
Section 156-1-5 - Level Two - Mediation or Arbitration5.1. Filing, Forms and Essential Matters 5.1.1. After receiving a level one decision, the grievant or intervenor may file to level two using the original grievance form, or a copy thereof, to request one of three alternative dispute resolution methods. The party filing shall indicate on the grievance form which method is selected. If basic mediation by an administrative law judge is not selected, the parties are required to submit written documentation noting the agreement of all parties on the alternative selected. If a specific method is not selected, the parties will automatically be deemed to have agreed to mediation by an administrative law judge. The Mediation Agreement Form may be obtained at the Board's offices or on the Board's website.5.1.2. If mediation by an administrative law judge is selected, the Board will request dates, and notify the parties of the time and date of the mediation. Within fifteen days of the mediation session, the administrative law judge shall issue an order or report stating whether the mediation was successful; if unsuccessful, the order/report shall notify the parties of the procedure and the address for appeal to the next level.5.1.3. If private mediation is selected, the mediator shall file a written report of the mediation with the Board within fifteen days of the mediation session. The report shall state the date and location of the mediation session, the names of those in attendance, and whether the parties were able to reach a resolution of the grievance. The report shall be signed and dated by the mediator. If private mediation is unsuccessful, within ten days of receipt of the report, the administrative law judge shall issue an order notifying the parties of the procedure and the address for appeal to the next level.5.1.4. If private arbitration is selected, the parties shall file with the Board a written agreement stating their agreement to arbitration; the name and address of the arbitrator; and a statement agreeing to share the cost of the proceeding. Within thirty days of the arbitration, the arbitrator shall render a written decision and shall mail it to all parties and to the Board. In no case shall the written decision be submitted to the Board any later than forty days after the arbitration hearing.5.2. General Provisions for Mediation5.2.1. All mediations shall be confidential, and the results of these proceedings shall not be released unless required by law. In the event that mediation is unsuccessful, no documents or records submitted by the parties during level two proceedings will be retained in the grievance file on appeal to level three. The administrative law judge who conducts a level two mediation will not be involved in any subsequent level three proceedings.5.2.2. All parties shall appear at the mediation, either in person or through a representative, who has the authority to resolve the grievance. If the grievance is settled through mediation, the parties are required to sign a settlement agreement, usually at the mediation session, reflecting the terms of the resolution. The parties may decide to write the settlement agreement after the mediation, but are required to inform the Board as soon as the document is signed and the settlement is finalized so the grievance can be dismissed from the Board's docket.