Sample Mediation

Dora is a 52-year-old telecommunications manager. She has been in state government for 30 years, and in her current position for 8 years. She prides herself in running an efficient office and believes she is fair to all employees.

Recently, a problem surfaced with one of her telecommunications specialists, Annette. Dora has never been particularly impressed with Annette. She believes Annette does an adequate job. However, she appears "finicky" and misses a lot of work - not traits Dora admires. The current problem is that Annette sent Dora a memo asking that she issue a memo to all employees, forbidding them from wearing any kind of fragrance in the office. She also wanted Dora to tell the cleaning crew to buy some kind of expensive, organic cleaning supplies.

Dora was both surprised and puzzled by this request. She sent Annette a memo explaining that she could not violate the rights of the other employees by telling them they can't wear cologne. She also said that the cleaning crew uses their own supplies, and that wasn't her decision to make.

This did not seem to satisfy Annette, and she has been "pouting" ever since she got the memo. Dora agreed to the mediation, though she did not see how it could help the situation.

Annette is a 35-year-old telecommunications specialist. She has been in state government for 12 years, and at her current job for 2 years. She has generally gotten along with her co-workers and managers, and gotten good or adequate performance appraisals.

Annette has had difficulty with certain scents for as long as she can remember.  Cologne, air freshener, and cleaning supplies have at times caused her to have headaches and difficulty breathing.

In June, Annette's doctor told her that she has multiple chemical sensitivity, and that she must make her environment as free of chemicals as possible, or else her health will continue to deteriorate.  Annette has used all the sick days she has accumulated, mostly due to illnesses caused by reactions to chemicals at work. She has even had to take some days without pay.

Annette asked her supervisor, Dora, to make an office policy stating that no one can wear cologne or perfume in the office. And she asked that the products used by the cleaning crew be changed. She told Dora that her reason was due to her allergies to the chemicals, but did not say that her doctor gave her condition a name, or that he told her she must avoid the chemicals. She believes that her medical information is no one's business but her own, and that it could somehow be held against her if her supervisor found out about her delicate health. She is also somewhat embarrassed that she is not more robust.

Dora told Annette that she cannot violate other employees' rights by telling them not to wear cologne. She also told her that the cleaning service uses their own supplies and that she has no control over it.

Annette is not pleased with this, and was planning to call an attorney to see if she has grounds for filing a lawsuit.  She heard about mediation and decided to try it first.

During the mediation, Dora and Annette began understanding the other's perspective for the first time. Dora became much more sympathetic to Annette after learning that she had multiple chemical sensitivity. Before the mediation, she had assumed that Annette was a hypochondriac who liked to complain. She also thought Annette was impertinent for sending a memo, rather than just talking to her.

Before the mediation, Annette had assumed that Dora was cold and heartless with no concern for her employee' problems. Annette learned that Dora needed specific medical information from Annette's doctor, in order to solve the problem. She also learned that Dora found it rude to get memos instead of having her employees just talk to her. Her intent had been to not take up too much of Dora's time.

The following agreement was reached by Dora and Annette:

1. Annette agreed to give Dora permission to inform the rest of the staff of Annette's chemical sensitivity.
2. Dora agreed to inform the rest of the staff that in order to accommodate Annette's disability, they were not to wear fragrances in the office.
3. Dora agreed to talk to the cleaning supervisor about using different cleaning supplies.
4. Annette agreed to bring to the office an air purifier, which she has at home. If it does not help the problem, Dora agreed to purchase another one for her.
5. Annette agreed to talk to Dora directly about any future problems, rather than sending a memo.

The mediation allowed Annette and Dora to hear the other's point of view and dispel some erroneous assumptions each had of the other. Dora had not understood the severity of Annette's problem, because Annette had not shared that information with her. Without the mediation, Annette would have filed an ADA claim, which could have further harmed their relationship. They could have continued to have negative beliefs about each other, which would have negatively impacted their work. This way, they worked out a solution that was acceptable to both of them, and paved the way for more effective problem-solving of future situations.