We’re now buckled into a process for Policy 76 which includes a mediation step for any ‘outstanding issues’ that are not resolved at the Faculty Relations Committee (FRC). Including mediation as a step in policy negotiations is completely new and unprecedented, and reflects the unfortunate fact that the policy revision at UW is in shambles. So, what is mediation?
In a two-sided negotiation, mediation is a process by which a neutral third party meets with both parties to facilitate a resolution. The mediator does not have the authority to impose a final resolution or to make decisions; their role is to help both parties reach a settlement.
In a typical mediation process, parties will prepare and bring relevant documents to lay out their case. The mediator (chosen by mutual agreement) will meet with both sides; sometimes they are in the same room, and sometimes not. Discussions during mediation are confidential, as are all settlement-related discussions (if a final settlement is reached). Although both parties may represent themselves, having legal representation or legal consultation is typically an asset. In this respect, the University is at a distinct advantage given its deep pockets and access to internal legal counsel.
At UW, a process for mediation is outlined in the Memorandum of Agreement (section 10): mediation is a possible step in salary negotiations. If there is no salary agreement by the February 1 deadline, the next step is the appointment of an external mediator, with a new agreement deadline of March 1 (if there is still no agreement, the next step is arbitration). Messaging around mediation for P76 indicates that the process will be similar, although a commitment to firm timelines is not currently in place, and the latest communications don’t mention timelines.
How do other universities mediate?
Let’s zoom out for a moment to conduct an environmental scan. How does mediation at UW compare to mediation at other Ontario universities?
You’ve probably heard that our two comparator universities are the University of Toronto and McMaster University. This is because they, like UW, are not unionized. As such, faculty working conditions are set out across several policies, with the relationship between the faculty association and the university administration codified in a memorandum of agreement.
UofT:
Mediation is available only on eligible matters such as salary, benefits, pensions, workload, leaves, and progress-through-the-ranks. If necessary, matters are then referred to arbitration. Matters falling out of scope are submitted to a facilitator and fact finder process. First the facilitator tries to bring the parties to agreement; unresolved issues go to an agreed-upon individual or panel, which issues a report and non-binding recommendations. The U of T also has the SJAC (Special Joint Advisory Committee) process for shaping policies and procedures, which you can read more about here.
McMaster:
No mediation for salary negotiation or policy updates.
Everywhere else:
Mediation is a step built into collective bargaining. At any time during the bargaining process, either side may ask the Minister of Labour, Training and Skills Development to appoint a conciliation officer. Conciliation and mediation are very similar, and the terms are often used interchangeably. The main difference is that the focus of the conciliator is on the relationship between the two parties, while the focus of the mediator is on reaching a settlement. In Ontario, conciliation (or, by mutual agreement, mediation) is a mandatory step in the bargaining process.
Things we’re (still) wondering about mediation
1. Who will be at the table on behalf of Lecturers?
2. Which mediators will be proposed and why? Can background information on the cases that they have mediated and outcomes be made available for transparency?
3. Why is the mediation period limited to around 2 days? Does this leave enough time for creative problem-solving?
4. Has legal counsel been consulted? Will they be available during the mediation process?
5. Is the intention to set a precedent to bake mediation into the policy revision process? If so, what is the plan for achieving this?
What thoughts or questions do you have on mediation?
Post scriptum
In the wise words of Sara Ahmed: “Citation is how we acknowledge our debt to those who came before; those who helped us find our way when the way was obscured because we deviated from the paths we were told to follow.” (p. 17) You are welcome to share and distribute our work, but please do so with attribution, particularly for public-facing pages, for FAQs, and for blog posts.
Ahmed, Sara. Living a Feminist Life. Duke University Press Books, 2017.
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