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    Office of General Counsel

    Mediation

    Mediation is a voluntary, informal process through which a trained impartial mediator assists in reaching a mutually acceptable resolution of their dispute. Mediation is non-adjudicative.

     

    It is up to the parties themselves to decide if they can agree to resolve the dispute and, if so, to determine the terms of the settlement as opposed to having a judge or arbitrator determine the outcome.

     

    Mediation identifies the parties' interests, areas of agreement, and works within those areas to forge a settlement that is satisfactory to all involved. The process is voluntary and confidential.

    The OGC Mediation Program

     

    Program Availability

    The OGC Mediation Program is available to individuals, entities, and Commonwealth agencies and their employees who have a dispute with a state agency.

     

    Program Process Overview

    1. Once all parties agree to mediation, the state agency's Office of Chief Counsel will complete a Request for Mediation form and submit it to OGC. All requests for mediation must come through OGC.

    2. Once mediation is approved for a case, OGC will provide the parties with a list of trained mediator​s ​from which they will select an individual to mediate their case. The list will provide background information on each potential mediator to ensure that the individual has the expertise the parties are seeking and is not from an agency involved in the dispute. In the alternative, the Mediation Director may assign a mediator. 

    3. Once selected, OGC will send the mediator an Appointment Letter assigning him or her to the mediation.

    4. The mediator will then be in contact with the parties to schedule the mediation. The mediator will also schedule a meeting room for the mediation session in a Commonwealth meeting facility.

    5. Prior to the mediation, the mediator will send a letter to the parties, which includes Good Faith Ground Rules to guide their conduct during the mediation session. The parties will also be given an Agreement to Mediate and will be asked to complete a Mediation Statement in which they provide a confidential description of the dispute.

     

     

    Mediation Program Contacts

    Nicole M. Werner

    Program Director

     

     

    Alexis Dinniman

    Program Coordinator

    Request a Mediation

    To request a mediation, complete the Mediation Request Form and submit it via email to OGC's mediation program contacts.

    Download Mediation Request Form