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Conflict Management Process To download the Conflict Management Process booklet (PDF). To download the Peer Review/Informal and Formal Mediation Request form (PDF). Frequently Asked Questions about Munroe's Conflict Management Process Why does Munroe have the Conflict Management Process? Who uses the Conflict Management Process and for what kinds of problems? What if my supervisor makes work difficult for me after I bring my dispute to the Process? Will I still be able to go to the Equal Employment Opportunity Commission (EEOC)? What is the difference between mediation and arbitration? How is arbitration different from a court trial? Does that mean I am limited in what I can get through arbitration? What can I do to seek relief if I believe my legally protected rights have been violated? Why has Munroe Regional implemented the Conflict Management Process? Why does Munroe have the Conflict Management Process? Munroe uses the Conflict Management Process because it provides a cost-effective and timely process for maintaining employment relationships. The process is good for associates and for Munroe. If Munroe pays the fees of the mediators and arbitrators, how independent and impartial can these third parties be? Mediators and arbitrators are typically retired judges or attorneys. They take pride in their neutrality and are trained to be impartial. In addition,you participate in choosing your Mediator and Arbitrator. Who uses the Conflict Management Process and for what kinds of problems? All Munroe associates may use the Conflict Management Process. Assistance is available to resolve concerns about termination, conflicts with a co-worker, retaliation for raising a concern or complaint, disciplinary or supervisory issues, safety concerns, discrimination, racial or sexual harassment, unfair treatment and morale on the job. The Conflict Management Process is designed for use by associates at every level for almost any workplace-related conflict. What if my supervisor makes work difficult for me after I bring my dispute to the Process? Munroe forbids retaliation for using the Conflict Management Process. If you think someone is retaliating against you for using any of the options of the process, contact a higher level of management, the People Services department or the Ombudsman for independent and confidential assistance. Will I still be able to go to the Equal Employment Opportunity Commission (EEOC)? Yes. The Conflict Management Process applies to relief you may seek personally through the courts for a workplace dispute. You are still free to consult the state Human Rights Commission, the EEOC or any other government regulatory agency regarding your workplace problem. Of course, the Conflict Management Process is so effective you, most likely, will not choose to go anywhere else. What is the difference between mediation and arbitration? In mediation, there is a neutral person who acts as a go-between for you and Munroe. This person works to keep communication open and tries to help everyone involved find a solution. In arbitration, there is a neutral person who listens to both parties and then makes a final decision that binds both parties to a resolution. How is arbitration different from a court trial? With arbitration, the decision is final. It may not be reversed by subsequent proceedings except in rare circumstances. With a trial court decision, an appeal may be filed, causing lengthy delays. An arbitration proceeding is usually much more informal than a case in court. The Arbitrator is usually a lawyer or a person with associate relations experience or with a legal background who serves as a neutral party on a part-time basis. The proceeding is held in a private office instead of in a public courthouse. The biggest difference lies in the reasonable cost of arbitration. Arbitration costs much less to prepare because it is faster and less formal. Does that mean I am limited in what I can get through arbitration? No. The arbitrator has the same authority as a judge in making awards to associates. In arbitration, it is possible for you to seek or receive any award you might seek or receive through the court system. What can I do to seek relief if I believe my legally protected rights have been violated? If you believe your legally protected rights have been violated and you are not able to resolve the issue internally, you may request an external proceeding (mediation or arbitration). You must pay $150 to use an Arbitrator. The Arbitrator will determine if a legally protected right has been violated, and if so, the amount you will recover. Why has Munroe Regional implemented the Conflict Management Process? The Conflict Management Process has become a national model, one that benefits both the associates and Munroe. This process reflects best practices in dispute resolution, as well as the meets the needs of Munroe associates. It only makes sense to offer this successful national model process. Doesn't Munroe fund the Conflict Management Process and pay the salaries of the staff? How can the process or the people involved, including the Ombudsman, truly be impartial? Munroe does fund the Conflict Management Process and pay the salary of the staff involved. The entire process however, is designed to operate independently and to protect confidentiality. In addition, the process operates under the strict Code of Ethics and Standards of Practice of The International Ombudsman Association. Munroe has included those standards in the legal documents that authorize the creation of the process and is committed to operating the process in keeping with those standards. The Ombudsman reports to the Chief Executive Officer and Board of Directors, if necessary. As a result, no one manager or department can exert influence over the Conflict Management Process. Therefore, the program operates independently, for the good of every associate and the entire organization. What if my dispute concerns our benefit plan, or I am injured on the job or laid off by Munroe, can I use the Conflict Management Process? You can use the Conflict Management Process for concerns about benefit plans. However, there are processes in place with each plan to address any concerns and you should use those options before contacting the Ombudsman. Employee Health Services handles Workers' Compensation claims for Workers' Compensation. However, if you feel you have been treated unfairly because you filed a Workers' Compensation claim, you should contact the Ombudsman. If you disagree with the reason given for your termination, you should contact the Ombudsman. Who is Covered? You are automatically covered (no signature required) if you accept employment at Munroe Regional Medical Center. This includes the requirement that any legal dispute not resolved through the Open Door, Internal Support, or Mediation options must be submitted to final and binding arbitration rather than through the courts or to a jury. This agreement covers any workplace dispute including claims of discrimination based on race, national origin, gender, religion, age or disability under any federal or state civil rights statute. Munroe Regional Medical Center has adopted this four option process as the exclusive means of resolving workplace disputes for legally protected rights. In adopting this process, Munroe agrees also to use this process to resolve all workplace disputes. An associate who accepts or continues employment with Munroe by accepting compensation for employment, agrees to resolve all employment-related legal claims against Munroe or any other entity, associate, client, customer or joint employer through this process rather than through the court system. If an associate files a lawsuit against Munroe or any of the parties listed above, Munroe will ask the court to dismiss the lawsuit and refer it to the Conflict Management Process. This provision applies to any workplace dispute, regardless of when it arises, including disputes that arise after an associate leaves Munroe. This process does not create a contract of employment between associates and Munroe. An associate or Munroe has the right to terminate the employment relationship at any time, for any reason, with or without cause or notice. References: "Options for Resolution" Dispute Resolution Program The Halliburton Company, Rev. 4/99. Special thank you for permission to cite work: Lawrence A. Jagneaux, Jr., Senior Ombudsman & Mediator of the Halliburton Company. (281) 575-4500. |
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