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War and Peace: Should You Discipline or Mediate?

discipline vs. mediation

LER
USDA
Tue Jan 10, 2006 7:20 AM

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Mediation can work; it can also add considerable time to the process and end up letting the employee "off the hook" because time limits for taking action may expire. It can also result in no change occurring other than adding a few more steps to a process that is already very cumbersome and smothered with regulatory requirements. I would advise any agency considering this to proceed slowly and with caution unless you have sufficient resources of time and energy.

Re: discipline vs. mediation

DON Employee
Navy
Tue Jan 10, 2006 10:10 AM
I was on the union negotiating team that negotiated a mediation policy that included training an equal numbers of Union Reps and Mgmt reps in a pool that a coordinator could choose from. As it turns out Mgmt opted out of mediation in all but a few cases.
We tried to get mediation as part of the grievance process.

Mediation requires the supervisor to sit down and discuss issues with the employee, a concept that has been outdated/replaced by the computer.

Re: discipline vs. mediation

Biologist
DOI
Wed Jan 11, 2006 9:53 AM
Sure mediation does work?? After months of using Departmental mediators to work out a problem 8 of us had with one employee, the office brought in an outside contractor and the entire mediation blew up. By the time the mediation ended 90% of us had accepted other jobs with other agencies. That office is still trying to fill our positions. They should have just reprimanded the individual instead of dragging all of us through the mud. One good thing about the mediation is that I love my new job.

Discipline in the workplace

Social Worker
IHS
Tue Jan 10, 2006 7:51 AM

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Sometimes we forget that supervisors can also have ulterior motives for disciplining anemployee. We always think of discipline as being for the "bad" employee. We forget that when an employee is far more knowledgeable than his/her (usually her) supervisor and is too outstanding this can get that employee into a lot of trouble as well if the supervisor feels threatened. I've seen this many times. In these cases the supervisor lowers the boom on the excellent employee to bring them down and has no justification except for their own revenge and what they perceive as their defense. Sometimes the supervisor is trying to promote another employee who may not be quite as good as the employee he/she is seeking to bring down.

Re: Discipline in the workplace

Sec.
USDA
Tue Jan 10, 2006 12:59 PM
You are right on the money, you must work for the same people that I work for (just kidding, you are in a different agency. The esp. women was so on !

Discipline v Mediation

HR Specialist (Labor Relations)
DoN
Tue Jan 10, 2006 7:54 AM

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This article sounds like an advertisement for XYZ Mediation, Inc. What it also presumes is supervisors, right off the bat, throw paper at an employee. I beg to differ. Long before supervisors usually take paper action, they've exhausted the discussion/mediation route. We have an alternative discipline program, which includes the employee admitting up front they've broken the rules; they rarely will admit it. Sit in the supervisor's seat. Babysitting 50 yr old employees is not what they signed up for. I'm sorry if you think this is too negative, but I happen to think discipline does work. My historical database can prove it.

Re: Discipline v Mediation

Director
Government Personnel Services
Tue Jan 10, 2006 11:15 AM
I agree with you re: the heroic (and often futile) attempts supervisors/managers make to correct chronic problems. In a previous article ("Our Discipline System Needs Corrective Action") I wrote about that. I've witnessed over a year of efforts before formal discipline even began.

As for XYZ Mediation, Inc. -- I only wish. This is actually my volunteer work. Like Little League coaches and soup kitchen workers, in your community and/or agency you will find volunteer mediators if you look for 'em. Their experiences of success likely parallel my own.

Lastly, when you say that your databases show that "discipline does work", I urge you to consider what that sentence means. "Worked" for who -- the employee, boss, or co-workers? When attempting adult behavior modification, success isn't easy to define. I worked on hundreds of disciplinary actions (including removals) and have mediated for 10 years. I feel the dialogue begun in mediation often opens doors that discipline can't.

Discipline in the workforce

Data Specialist
Dept of VA Affairs
Tue Jan 10, 2006 8:05 AM

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I agree with the Social Worker, even as a manager you have to watch your back from your own supervisor, especially if they do not like you. They will do what ever is necessary to get rid of you. One effective tool they use is a PIP (Performance Improvement Plan) Managers do not get the pre pip offered to Union employees, Managers go directly to a PIP and its up to the discretion of the Manager controlling the PIP. So as a manager you can do everything you can to meet the PIP's requirement, but if the upper manager stills wants to get rid of you, all they have to do is state, this manager is not meeting PIP requirements. This tool is not affective in a positive way, if manager wants to get rid of you. They can use this tool as a negative against you, and throw your career out the door at their personal whim! As a manager who had to file an EEO to protect myself, I experienced this and was horrified to know managers get away with this action, and no one questions their motives.

Discipline at Work

HR Adviser/Mediator
Independant
Tue Jan 10, 2006 8:12 AM

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I read with interest the comments of 'LER' and 'Social Worker'. It seems to me interesting that we have expressed here EXACTLY the point that is being made in the article - extreme views about potentially the same issue. This seems to me typical of the internal world that we all live in - despite experiencing the same 'environments' we each have our own perspective on what is actually happening. That for me is where the potential for mediation rests, in enabling each of us to see the world through the others' eyes.
By generating real and meaningful dialogue mediation can clear the way to allow each party to decide on the most appropriate solution for them - hopefully from a clearer picture of the real world as it exists for the other.

Discipline v. mediation

Technician
USDA
Tue Jan 10, 2006 8:14 AM

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I feel mediation, with an outside source is the most beneficial to both sides. As I was once THREATENED with disciplianary action, for stating something that I didn't state (I was out of the State at the time on vacation), I feel a third party that did not know anyone would have been better

Re: Discipline v. mediation

Director
Government Personnel Services
Tue Jan 10, 2006 10:48 AM
Thanks for pointing this out. Mediators must be true neutrals. Here in Seattle, mediators must have no links to the agency in which they're mediating. Hence, a Social Security employee and Navy retiree might me mediating a matter in EPA. Neutrality makes all the difference in our effectiveness out here... and we've been very effective.

The Heavy Hand of Discipline

LIE
BLM
Tue Jan 10, 2006 9:33 AM

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My supervisor chose discipline when I "blew the whistle" on abusive waste of government time, phone, internet, and email, all because I made an "allegation" of the abuse. If the manager had only asked my intention and what the underlying cause was, he would have seen that I had mounds of evidence to show that work was not being done because the offending employee's focus was on playtime not work. He should have investigated the allegation before he chose a formal reprimand. I appreciate this article because it should be explored by managers as an alternative to discipline. As usual, management lops off the head of someone who says something while dealing with an unfair workload because a coworker doesn't pull their weight. A poll should be asked of HR at the state level in determining how often managers have used discipline versus mediation. And, the coworker who spends her workday playing gets no informal or formal disciplinary action playing merrily along.

Re: The Heavy Hand of Discipline

Revenue Agent
IRS
Fri Oct 26, 2007 5:11 AM
You're not looking at it from the manager's point of view. You are annoyed because you are working and you have co-workers who spend the day watching their mini T.V.s, surfing the 'Net, chatting with relatives on the phone, etc. But if you blow the whistle, your manager will retaliate because it brings up the obvious issue - that he is not doing HIS job, so he retaliates against you. I learned that the hard way. We have a group clerk who comes to work in the morning for about an hour, then turns around and goes home. She spends the day at home, then comes back in about 3 pm to check her messages and email and then leave for the day. Everybody in the office knows about this - it has been going on for years - but when I reported it, everyone from the group manager to the Territory Manager all came down on me - because it made them look bad. So I was on the "S" list until I transferred, and the secretary still spends 6 hrs a day at home, while getting paid for 8 hours!!!
Total Comments: 25
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