Employment Mediation Training Modules
2004
Module 1: Orientation to the Workplace
Where Conflict Arises: Employment Relationships
When Conflict Arises: Employment Actions
Rules of the Game
When Something Goes Wrong
Grievance and Complaint Procedures
Outside Agency Investigations, Lawsuits & Criminal Charges
What Can Happen?
Headlines
ADR Continuum
Employer Use of ADR
Which Options?
What Areas?
Why Using?
Employer Motivation in Use of ADR Systems
Mediating Statutory Rights
Due Process Protocol
Where Mediation Fits in the Process
Module 2: Mediation Process
Mediation Introduction
What is Mediation?
The Nature of Conflict
Mediating in the Workplace
Mediation Process
Starting the Mediation Process
Beginning the Process
Communications
Acquire Information
Develop Issues
Generating Alternatives
Evaluating Alternatives
Resolution
Mediator Strategies
Maintaining Control
Co-Mediation
Role Plays and Debriefing
Ethical Issues
Module 3: Ethics and Mediator Liability Issues
Ethical Guidelines
Informed Consent
Confidentiality
Impartiality
Informed decisions
Self-determination
Standards of Professional Conduct
NC Dispute Resolution Commission
Advisory Opinions of the Commission
Recommended Revisions-Confidentiality
Society of Professionals in Dispute Resolution
Draft of Uniform Mediation Act
Unauthorized Practice of Law
NC Statutes: Community Mediation Centers
Mediator Malpractice Liability
Module 4: Advanced Mediation Topics
Employee and Employer Dilemmas in Mediation
Evaluation vs. Reality Testing
Decision Trees
Dealing with Impasse
Ethical Questions Role Play
Module 5: Diversity
Diversity-Frames of Reference
North Carolina Demographics
Managing Diversity
Tips on Race and Sexual Harassment
Module 6: Substantive Labor and Employment Law
Overview
Management Rights
Standards of Just Cause
Discipline
Examples of Misconduct
Progressive Discipline
Procedure
Evidence and Burden of Proof
EEO and Employment Decisions
EEO, Affirmative Action, & Diversity Defined
Federal Civil Rights Laws and Orders
Civil Rights Acts of 1866 & 1871, CEPA, Title VI, Title VII, EO
11246, ADEA, Title IX, Rehabilitation Act of 1973, Vietnam Era
Readjustment Act, Immigration Reform and Control Act, ADA,
Civil Rights Act of 1991
U.S. Constitutional Claims
1st and 14th Amendment
North Carolina Employment Discrimination Laws
Equal Employment Practices Act, NC Persons with Disabilities
Protection Act, Unlawful Workplace Harassment Act, State
Personnel Act, Retaliatory Employment Discrimination Act, Other
North Carolina Claims and Criminal Charges
Wrongful Discharge, Slander and Defamation, Tortious
Interference with Contract, Intentional Infliction of Emotional
Distress, Assault, Breach of Contract, ETC.
EEO Laws-7 Prohibited Factors
Concepts in EEO Law
Agent Concept
Theories of Discrimination
Failure to Reasonably Accommodate
Proving Intentional Discrimination
Admission, Motivational, and Comparative Evidence
Analytical Process in Discrimination Cases
Prima Facie Case
Analyzing Evidence and Assessing Credibility
Reliability of witness Testimony
Nature of the Testimony
Witness Interest, Bias or Motive
Remedies
Remedies-Non-Monetary & Monetary
Three Types of Monetary Damages:
Compensatory, Punitive, Liquidated
Remedies Available Under Title VII