1.2.0 Authority

SMC 4.04.040 and subsequent revisions thereto, Administration

SMC 4.04.050 and subsequent revisions thereto, Rule-making Authority

SMC 4.04.075 and subsequent revisions thereto, Alternative Dispute Resolution Program

RCW 5.60.070 and subsequent revisions thereto, Mediation—Disclosure—Testimony

RCW 7.75 and subsequent revisions thereto, Dispute Resolution Centers

1.2.1 Definitions

1. "Alternative Dispute Resolution Program" or "ADR" shall mean a Citywide function located in the Personnel Department to promote the resolution of workplace disputes through mediation, conciliation and facilitated discussion.
2. "Appointing authority" shall mean the head of an employing unit, authorized by ordinance or City Charter to employ others on behalf of the City. The term includes and can be used interchangeably with department head, department director, superintendent and chief.
3. "Facilitated conversation" shall mean an informal conversation between parties assisted and coached by a trained neutral person.
4. "Mediation" shall mean an informal voluntary meeting between the parties to a dispute and one or more trained neutral mediators who assist them to find a mutually acceptable resolution to their conflict.
5. "Personnel Director" shall mean the head of the Personnel Department or his or her designated management representative.
6. "Regularly appointed employee" shall mean an individual who has a probationary, regular or exempt appointment to a position of employment in the City.

1.2.2 Application of this Rule

1. The provisions of this Rule apply to regularly appointed employees.
2. For regularly appointed employees who are represented under the terms of a collective bargaining agreement, this Rule prevails except where it conflicts with the collective bargaining agreement, any memoranda or agreement or understanding signed pursuant to the collective bargaining agreement, or any established and recognized practice relative to the members of the bargaining unit.
3. This Rule does not apply to individuals who are hired under the terms of a grant that includes provisions that conflict with this Rule.
4. This Rule does not apply to individuals hired by the City on a temporary, intermittent, or seasonal basis, or for a work schedule of fewer than 20 hours per week, nor does it apply to individuals hired under contract to the City.
5. Appointing authorities may establish written policies and procedures for the implementation of this Rule to facilitate the management of the personnel system within their employing units, provided that such policies and procedures do not conflict with the provisions of this Rule.

1.2.3 Administration

1. The Personnel Director shall implement and administer an Alternative Dispute Resolution Program as an option for the management of conflicts or disputes in the workplace, in order to mitigate their negative impact on workplace productivity and livability.
2. Types of workplace conflicts or disputes that may be appropriate for a facilitated conversation or mediation include, but are not necessarily limited to, interpersonal conflicts, claims of discrimination and harassment, employee-to-employee relationships, employee-to-supervisor relationships, and work team conflicts.
3. The ADR Coordinator shall conduct an intake process and determine whether a given conflict or dispute is suitable for a facilitated conversation, a mediation, or neither. Where the ADR Coordinator determines that a facilitated conversation or mediation would be contractually or legally prohibited or otherwise inappropriate, he or she will attempt to refer the parties to the appropriate venue for resolution. The decision of the ADR Coordinator regarding the appropriateness of a facilitated conversation or mediation shall not be subject to appeal.
4. The Personnel Director shall establish and maintain a neutral pool of trained volunteer mediators.

1.2.4 Terms of Participation

1. Employees whose complaint, dispute or disagreement is accepted for either a facilitated conversation or for mediation must
   1. Enter into the facilitated conversation or mediation voluntarily;
   2. Be willing and able to share all information, listen to the other party or parties, move from their original position, and keep any agreements they make;
   3. Be willing and able to participate fully in the facilitated conversation or mediation process, with or without accommodation.
2. Records of an employee's participation in a facilitated conversation or mediation process, as well as the information shared and any agreements reached, shall be confidential to the extent provided under state laws.
3. Time spent in a facilitated conversation or mediation process, including time spent in the intake process, is considered regular pay hours for compensation purposes.
4. Participation in a facilitated conversation or mediation process shall not deprive the participants of their ability to exercise any other contractual or legal rights to seek resolution of the dispute or conflict.

1.2.5 Remedies Permitted

The parties to a facilitated conversation or mediation process may agree to any remedy as long as it does not alter or affect issues that must be collectively bargained, obligate the City without proper authorization, or violate any federal, state or local law.

1.2.6 Effect of Mediation on Employee Grievances

An employee who files a grievance under the employee grievance procedure may, at any time prior to the disposition of the grievance at Step Three, request that the Alternative Dispute Resolution Coordinator determine whether a mediation process would be an appropriate way to address the grievance. If the dispute is accepted for a mediation process, the appointing authority shall waive the timelines for the employee grievance procedure until the completion of that process. If the dispute is not resolved through ADR, the employee may resume his or her pursuit of a remedy through the employee grievance procedure.