Frequently Asked Questions

1. What if I want mediation and the other person doesn't?

Mediation is voluntary. If one person chooses not to participate, mediation cannot take place.

2. What if I want mediation and don't want to ask the other person to participate?

We will contact the other person and ask them if they are interested in trying mediation.

3. Can you use mediation instead of disciplinary action?

Mediation cannot be used to replace a disciplinary action. However, it can be used in addition to the action in order for each person to better understand the other's view. Mediation also helps improve continuing relationships.

4. If the mediation is not successful, will mediators go to court or testify about this issue?

No. Mediation is confidential. All people in mediation sign an agreement to keep mediation confidential before a session takes place. That includes a clause that prohibits mediators from being asked to testify.

5. Do I need an attorney?

No. Attorneys do not usually attend the mediation session. If you have an attorney, please let your mediator know before hand. If an appeal has been filed with the Personnel Board, the agency attorney attends mediation.

6. Is there a charge for mediation?

No. Mediation is free to all state employees.

7. Where does the mediation occur?

Most mediations take place in Frankfort; however, the mediators may be able to travel to another town.

8. How long will mediation last?

Mediations are scheduled for, and usually settle in, 3 hours.