This is to avoid delays, either tactical or unintended. A mediator is not assigned to all cases. A case submitted directly to the board or cases with procedural flaws are not assigned for mediation. If a case involves a significant legal issue that needs to be developed, a mediator may not be assigned. Or if a charge itself is not conducive to mediation or if the parties would not benefit from the process, mediation becomes a non-option.
Mediation also is available after a finding of probable cause, which is in the determination phase.
When SERB sends out the directive of probable cause, it also sends a letter that suggests and encourages the parties to engage in mediation. The board actually directs the parties to mediation. At this point mediation is still voluntary, but when the board directs parties to mediation, the mediator much more aggressively seeks to schedule at least one mediation conference. Another change in the administrative rules that went into effect in July 1996 gives the board the authority to actually direct parties to mediation, and if the parties refuse, they can be held in contempt. Mediation can occur and be quite effective when it s used early in the ULP process.