Mediation Process

  1. Introductory Remarks
  2. Initial Statements
  3. Information Gathering
  4. Problem Identification
  5. Option Generation
  6. Bargaining and Negotiation
  7. Agreement Writing
  8. Closure

1. What is mediation?

Mediation is for students of South Texas College who believe that they need a neutral third party to help resolve differences.  Mediation is a way to resolve disputes in an informal non-combative manner. It is an optional and voluntary process offered by the Conflict Resolution Center.  A mediator provides the process by which individuals can discuss issues and make decisions.

2. What issues can be mediated?

Students of South Texas College involved in the mediation process decide what issues they would like to resolve with mediation. Issues discussed in mediation involve misunderstandings between one or more parties.  Mediation may also address communication issues that affect the working relationship.

3. What are the outcomes of mediation?

Mediation can produce resolutions to disputes in a timely manner, improved communication, and the improvement of the relationship between students and employees of South Texas College.

4. Is mediation required?

No.  Mediation is voluntary.  Mediation is offered by The Conflict Resolution Center strictly on a volunteer basis.

5. What are the advantages of mediation?

Mediation offers an informal, effective way to resolve differences.
Mediation is:

  • Effective in improving relationships between students and employees of South Texas College.
  • Is cost effective than other options.
  • About mutual problem solving.
  • Less stressful than formal proceedings.
  • Faster and requires less time than other options.

6. Who may request mediation?

Students and employees of South Texas College may request mediation.

7. When can you ask for mediation?

Mediation may be requested at any time a students or employee of South Texas College has an interest in resolving issues in a timely manner.  Typically, students and employees of South Texas College may request mediation if there is an impasse that is related to an interpersonal or educational aspect.  Mediation may also be requested before or at the same time as a due process hearing request or the filing of a complaint or grievance.

8. How do you request mediation?

Students and employees of South Texas College may contact the CRC to ask for mediation, either through a telephone call or in writing. The request for mediation will be relayed to all parties involved.  When the individual agrees to mediate, the CRC will assist the parties in preparing for the mediation session.  A form to request mediation is included at the end of this handbook.  Students and employees of South Texas College may also request mediation by contacting the Coordinator for Judicial Affairs/ Ombudsperson at (956) 872-2180.

9. Are the mediators impartial?

Yes.  Mediators have no personal or professional interest that conflicts with their objectivity.

10. What happens after the request for mediation is processed?

The mediator contacts the parties by telephone to share, discuss and determine the following:

  • The role of the mediator and his/her contact information;
  • The structure and purpose of the mediation session;
  • Who may attend the mediation session;
  • The time required for the session; and
  • The location for the mediation session (the mediation session to be held at a neutral site).  The mediator then determines the preferred date and time for the mediation and communicates the determination to each party.  The parties confirm the arrangements and whether a translator or interpreter is needed because of limited English proficiency or a hearing impairment. If the parties cannot be reached by phone, the mediator will send a letter, which includes all of the information that would have been covered by phone.

11. How soon is mediation scheduled?

Mediation is usually scheduled within one to two weeks of student and/or employee of South Texas College notifying the CRC of their agreement to mediate.

12. May participants bring other persons to the mediation session?

Yes.  Students and employees of South Texas College may bring other persons who may help them, but to keep the session informal and manageable, the number of additional persons should be kept to a minimum.  As a general rule not more than 1 additional should participate. The participants should include persons with direct knowledge of and authority to make decisions.

13. Who decides who will participate?

Students and employees of South Texas College determine who will represent them.  If there is disagreement about who will participate, the mediator will decide how the matter will be handled.

14. Can advocates and/or attorneys participate?

No.  The Mediation program is designed to be informal, confidential and non-adversarial in nature.  Mediation is a problem-solving process in which both parties desire a solution.

15. What about the filing of a complaint or grievance pending mediation?

A mediation request does not change or delay the filing of a complaint or grievance.  Mediation does not, by itself, result in a complaint or grievance being closed out.  The supervisor or head of Judicial Affairs determines that outcome.

16. How long is a mediation session?

In general, a mediation session may last a full day.  Mediation may be shorter or longer, depending on the dispute.  The mediator may decide to schedule more than one mediation session if requested by the participants or if the mediator believes more sessions may be helpful. 

17. What is the role of the mediator?

The mediator's role is to help students and employees of South Texas College consider and develop alternatives to the dispute.  The mediator does not make decisions.  The mediator may generate suggestions for both parties to consider, but unless the parties agree on these suggestions, the mediator will not push for their acceptance.

18. What happens if you reach an agreement in mediation?

The mediator in conjunction with the parties will put the agreement in writing. The participants usually sign this agreement before the mediation session is concluded.

19. What is usually included in a mediated agreement?

Agreements may include:

  • actions to be taken by each party;
  • timelines for implementation of the agreement;
  • responsibilities of each party to implement;
  • agreement to dismiss complaint, grievance or due process hearing, if one exists;
  • agreement to confidentiality of discussion;
  • what will happen if one of the parties believes that the other is not implementing the agreement; and
  • Notice that the agreement is a legally binding document and is enforceable in any State court of competent jurisdiction or in a district court of the United States.

20. Who receives a copy of the agreement?

The students and employees of South Texas College each receive a copy of the written agreement.  A copy of the agreement is usually placed in the mediation file if the issues decided in mediation relate to an aspect of a students education.  A mediated agreement may fall under the definition of "education record" if it includes educational information directly related to a student.  When such a document is created the College is required to maintain it as education record information.  The parties may agree to limit access to the agreement by identifying who has "an educational need to know the information." 

21. What happens if an agreement is not reached?

If the parties are unable to reach agreement, the participants may consider other dispute resolution options. These might include complaint or grievance procedures.  In some cases, another mediation session may be scheduled if the mediator determines that progress may be achieved in another session.

22. If I am uncomfortable talking about my concerns in the joint session, can I ask for a private meeting with the mediator?

Yes.  Mediators may hold private meetings or caucuses with the parties during mediation. Participants can ask for a private meeting with the mediator at anytime.  A private meeting may be used when people: (1) become upset about the mediation process; (2) experience frustration in response to comments or actions of others; (3) have personal feelings that affect their participation; or (4) want to share information or an idea for resolution privately.

23. Who pays for mediation?

The mediation process is offered free of charge to students and employees of South Texas College.

24. What are the mediators’ qualifications and training?

Mediators have a diverse background of training and experiences.
All mediators:

  • Have a minimum of a Bachelor’s Degree from an accredited university;
  • Have completed a mediation training/preparation program;
  • Have knowledge of the IDEA and other state and federal laws related to disabilities; and
  • Have experienced and demonstrated effective conflict resolution and mediation skills, problem-solving approaches, communication skills, and interpersonal relationships. 

25. What do the mediators actually do?

Mediators are trained to encourage open communication in a confidential setting.  Mediators help parties in dispute move from a point of impasse to a point of resolution through the use of diverse strategies.  Because there is no one method to resolve problems mediators are flexible in approaching each new problem and the different needs within each group.

26. Does mediation automatically delay or postpone a due process hearing, complaint or grievance process?

No.  Mediation can occur before a hearing, complaint or grievance investigation, but cannot automatically delay or deny the hearing or the investigation. Parties may agree to extensions of the complaint or grievance investigation timelines to participate in mediation.

27. Are discussions in mediation confidential?

Yes.  Under federal law, “discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings…”  Any record made at an alternative dispute resolution procedure is confidential, and the participants or the third party facilitating the procedure may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.  However, state and federal law makes some exceptions to confidentiality.  For example, a communication in mediation is not confidential if it relates to child abuse (or other types of abuse) and is made to a person who is required to report abuse; this may also include threats of harm to any person.  Mediation participants are expected to maintain the confidentiality of discussions in mediation by acknowledging and acting in accordance with the following:

  • The mediator and participants will not reveal to anyone, including an administrative law judge, the content of any discussions, which take place in mediation.
  • The parties and their attorneys will not call the mediator or anyone associated with the mediator as a witness in any legal proceeding concerning this dispute.
  • The parties and their attorneys will not subpoena or demand any records, notes or work products of the mediator in any legal proceeding concerning this dispute.
  • The session will not be recorded by any party or the mediator.

28. Are participants informed about the confidentiality requirements for mediation?

The CRC provides the administrative rules about mediation confidentiality to the parties.  The mediator asks the parties to sign an Agreement to Mediate, which includes information about confidentiality requirements for discussions held in mediation.  An agreement to protect confidentiality of the proceedings is signed by other mediation participants.