Library: Policy
OKDHS:2-1-168. OKDHS Dispute Mediation Program (OKDMP)
Revised 7-1-22
(a) Statement of policy. The Oklahoma Human Services Dispute Mediation Program (OKDMP) follows the provisions of the Dispute Resolution Act, Section 1801 of Title 12 of the Oklahoma Statutes (12 O.S. § 1801). The OKDMP provides a process for resolving conflicts which arise as a result of the day-to-day operations of Oklahoma Human Services (OKDHS). The process involves a neutral third party aiding in the management of dispute resolution. This includes disputes between and among employees, supervisors, and management. The process includes mediation and facilitation.
(1) Mediation. Mediation is a process in which parties to a dispute, with the assistance of a neutral third party known as the mediator, identify issues, develop options, and consider alternatives with the goal of reaching a resolution acceptable to all parties. The mediator is not a representative of either party and does not attempt to force the parties into reaching a resolution.
(2) Facilitation. Facilitation is the process in which the parties, usually a group, with the assistance of a neutral third party known as the facilitator, identify problems to be solved, tasks to be accomplished, or disputed issues to be resolved. The facilitator has no advisory role on the issues to be facilitated.
(b) Scope. The OKDMP is available to all OKDHS employees. Employees may not request an internal mediation regarding disciplinary matters that are subject to the filing of complaints with Human Capital Management’s Civil Service Division. No employee is disciplined or otherwise prejudiced in employment for participating in the OKDMP procedure.
(c) Referrals to mediation. Any party to an employment dispute may initiate mediation by emailing Form 11PE097E, Request for Mediation Session, to the OKDHS mediation managers. The group email is STO.HRM.Mediations@OKDHS.org. The request and referral may be initiated by any other individual involved in the efforts to resolve a dispute. For a dispute to be suitable for mediation, the parties participating in the dispute must have authority or control over the issues and must be capable of entering into a resolution of the dispute. A request for mediation contains a brief statement of the nature of the dispute and the names and contact information of all parties to the dispute.
(d) OKDHS mediation manager’s responsibility. An OKDHS mediation manager reviews the request to determine if the dispute is appropriate for mediation. If so, the manager contacts those named in the request to see if all are willing to participate.
(e) Scheduling of a mediation session. Mediation sessions are conducted during regular business hours and are normally scheduled for two hours. Mediation sessions are scheduled so the session concludes by the end of the business day. A mediation session may be continued at the request of the mediator or parties involved.
(f) Assignment of mediators. Upon receipt of a request for mediation, an OKDHS mediation manager appoints a qualified mediator to serve. Mediators are assigned to individual cases based on impartiality and objectivity.
(g) Objectivity and Impartiality. A mediator who believes they are unable to maintain objectivity and impartiality immediately terminates or cancels the mediation session and notifies the OKDHS mediation manager of the need to assign another mediator and reschedule the session. Any party who believes the assigned mediator is unable to maintain objectivity and impartiality may request OKDMP to assign another mediator.
(h) Confidentiality. Any information received by a mediator, a person assisting a mediator, or any party to the mediation session is confidential. The mediation session is not an open meeting, and no part of the session is a matter of public record. Recording the mediation session is not permitted, and any written notes must be destroyed at the end of the mediation meeting. Mediators and parties to the mediation are not subject to any administrative or judicial process requiring disclosure of any matters discussed during any part of the mediation, except as specifically authorized by the Dispute Resolution Act.
(i) Program management responsibilities. The OKDHS Human Resource Management deputy director for performance and compliance directs the OKDMP and is responsible for ensuring that the program fully complies with the Dispute Resolution Act and the rules for mediation programs established by the Administrative Director of the Courts for the state of Oklahoma.
(j) Records. Records created as the result of a mediation session are maintained by the OKDMP and are separate from the employee’s personnel files. Access to mediation records is limited to OKDMP personnel.
(k) Leave to attend mediation sessions. Employees participating in mediation sessions are not charged leave to attend the session. Employees must notify their supervisors of the scheduled mediation session.
