Promoting the development of sound and stable

labor-management relations,

Preventing or minimizing work stoppages

by assisting labor and management in settling

their disputes through mediation,

Advocating collective bargaining, mediation

and voluntary arbitration as the preferred processes

for settling issues between employers

and representatives of employees,

Developing the art, science and practice

of conflict resolution, and

Fostering the establishment and maintenance

of constructive joint processes to improve

labor-management relationships, employment

security and organizational effectiveness.

Mission

Problem Solving

in the Workplace

FMCS

Grievance

Mediation

250 E Street, SW

Washington, DC 20427

(202) 606-8100

www.fmcs.gov
What is Grievance Mediation?

Most collective bargaining agreements

include a grievance procedure, usually

culminating in arbitration if the grievance

is not settled beforehand. Grievance mediation

is a completely voluntary step, taken prior to

arbitration, which provides an opportunity for a

third party neutral, such as an FMCS mediator, to

assist the parties in reaching their own resolution

of the dispute.

In grievance mediation, the parties are completely

responsible for designing their own solution. The

mediator does not make a binding decision for

the parties, but rather guides them to their own

mutually-acceptable resolution of the grievance.

Instead of creating winners and losers, the

grievance mediation process develops cooperative

problem-solving between labor and management.

Grievance mediation is a supplement to and not a

substitute for a contractual grievance procedure.

FMCS can offer grievance mediation as part of a

larger program to help labor and management

focus on their joint interests.

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“With a history of more than 60 years of

providing mediation and facilitation services,

FMCS has more collective experience in dispute

resolution than any other agency of

government.”

Why FMCS?

The Federal Mediation and

Conciliation Service

Created by Congress as an independent agency of the

U.S. government in 1947, the Federal Mediation and

Conciliation Service (FMCS)’s primary responsibility is

to promote sound and stable labor-management relations

through a variety of mediation and conflict resolution

services. These services include the mediation of collective

bargaining negotiations and grievances, training for

labor and management in skills and processes aimed at

improving the workplace relationship, and the referral of

private arbitrators for the settlement of controversies over

the application or provisions in a collective bargaining

agreement.

Problem Solving

in the Workplace

FMCS

Grievance Mediation
How do I Request

Grievance Mediation?

Informal Requests

Either the labor organization or management can

contact a Director of Mediation Services, or a federal

mediator in their area to discuss the type of assistance

FMCS can provide. If you wish to use grievance

mediation, you must file a formal request.

Formal Requests

Representatives of the labor organization and

management must submit a signed, joint request to

FMCS requesting assistance. Formal written requests

should provide a very brief description of the issues

(by type) and the geographic location of the parties.

Please note: Not every request is appropriate for

grievance mediation. FMCS reserves the right

to decide whether or not it will offer grievance

mediation services. Filing a request with FMCS

does not commit the Agency to offer any services.

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Available FMCS Training

FMCS has developed training to emphasize the benefit

of mutually-acceptable grievance settlements, both

for short-term rewards and for the relationshipstrengthening potential. Training may be based on

teaching union and management representatives how to

negotiate grievance settlements and how to expand the

goals in grievance settlement by linking them to shared

problems and common objectives. The ultimate goal is

for the parties themselves to resolve problems at the

lowest organizational level and, eventually, to be able

to do so without the help of a third party.

When Grievance Mediation is Used

FMCS views the grievance mediation process as

a means to fashion improved labor-management

relations. While FMCS cannot involve itself in the

mediation of all routine grievances, it can agree to

mediate in the context of a full-service approach or

within the framework of a larger, ongoing program,

especially when grievance and arbitration mechanisms

have broken down and disputes are not being resolved

expeditiously. In these exceptional situations, FMCS

uses grievance mediation to help parties establish better

methods of conflict management and resolution.

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• Mediation sessions will be conducted by the

mediator using all customary techniques of

mediation and problem solving, including the

use of separate caucuses.

• The parties must agree, to the extent permitted by

law, to hold FMCS and the mediator harmless of

any claim of damages arising from the mediation

process.

Other Services:

FMCS exists to help labor and management resolve

differences. FMCS will consult with labor and

management to design a program that meets the

parties' needs. We offer a variety of services including:

• Consultation

• Training

• Development programs

• Systems design

FMCS Organization

FMCS mediators work out of more than 60 field

offices around the United States, administered

through 10 geographic regions. For more information,

contact the FMCS National Office or visit

www.fmcs.gov to locate the field office nearest you.

National Office

Federal Mediation and Conciliation Service

250 E Street, SW

Washington, DC 20427

Phone: (202) 606-8100 Fax: (202) 606-4251

Website: www.fmcs.gov

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FMCS Procedures

for Grievance Mediation:

The parties must submit a signed, joint request to

FMCS for assistance and must agree to abide by

FMCS procedures. General guidelines for grievance

mediation are set forth below. Prior to engaging in

grievance mediation, the parties must sign a grievance

mediation agreement, which might include other

specific requirements relating to the proceeding.

• Mediation sessions are private. The grievant is

entitled to be present. Nonparties may attend

only with the permission of the parties and with

the consent of the mediator.

• Mediation sessions are confidential. Statements

made and documents created by the parties, the

participants, and/or the mediator during the

process are confidential and are not discoverable

or admissible for any purpose in any arbitration or

judicial proceeding. The mediator's notes will be

destroyed after the session and the mediator will

not testify in any forum about the proceeding.

• Mediation sessions are voluntary. The mediator

has no authority to compel a resolution. If a

resolution is not reached, the mediator may

provide the parties, either in joint or separate

session, with an oral advisory opinion.

• Mediation sessions are informal. The rules of

evidence do not apply; no recordings will be

made; and the mediator will not issue any written

recommendations or conclusions.

• Grievance mediation is a supplement to and not a

substitute for the steps of the contractual grievance

procedure. The parties must agree that any time

limits in their labor agreement will be extended as

necessary to permit the grievance to proceed to the

next step of the grievance procedure should the

mediation not be successful. Nothing said nor any

documents prepared during the mediation can be

used in the arbitration proceedings.

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