Timed Mediation

Timed Mediation is a hybrid alternative to traditional bargaining.

Overview

Timed Mediation combines traditional negotiation methods with problem-solving techniques, specific steps, and time limits.  The process utilizes at least two mediators from the Pennsylvania Bureau of Mediation in a role that is modified from the traditional negotiation model.  The process has 3-main components that culminates in a 48-period of negotiation to reach a new agreement.

The main components include:

  1. A mandatory joint presentation for all potential participants in the process from the Bureau of Mediation that explains the details, preconditions, ground-rules, and necessary preparation for a successful Timed Mediation.
  2. A mandatory “Issues Meeting” where all issues to be addressed are jointly communicated and explored with the assigned mediation staff.  This part of the process is a “proof” of sorts that, if successful, qualifies the parties to move forward in the process.
  3. A consecutive 48-hour block of time when the parties, with the assistance of the mediators, attempt to resolve all issues and reach a comprehensive agreement subject to formal approval of both parties voting constituencies.

Pre-Conditions

Some of the preconditions for those considering Timed Mediation would typically include:

  1. A mature collective bargaining relationship.  Timed Mediation is unlikely to be a process that is suitable for initial collective bargaining agreements.
  2. A reasonably positive collective bargaining relationship.  Timed Mediation requires the parties extend some mutual trust if it is to be successful.  Those with a historically difficult collective bargaining relationship may not be good candidates for the process.
  3. A willingness to limit the issues to only those necessary to reach an agreement.  By its very nature, Timed Mediation is not a process that lends itself to major rewrites of a CBA or lengthy lists of issues unlikely to come to fruition.
  4. A willingness to allow a greater level of control of the process to the mediators than might be the case in traditional negotiations.  In the Timed Mediation process, mediators have access to all private caucuses, determine the order of the issues to be resolved, and control the pace and schedule of bargaining.

Success Rate

Although the vast majority of collective bargaining agreements are accomplished using traditional bargaining methods, when the Bureau of Mediation Timed Mediation program is utilized, it has an overwhelming success rate. Success for parties that are approved for Timed Mediation following their “Issues Meeting” means that there is an exceptionally high likelihood they will reach a comprehensive tentative agreement in the 48-hour predetermined period.

If the Process Fails

 If Timed Mediation doesn't work out, it's okay. Remember: 

  1. Informal Process: The process is informal until all issues are resolved.
  2. No Prejudice: If an agreement isn't reached, negotiations simply start again later using traditional methods

If you would like to learn more about Timed Mediation and if it may be right for your situation, send an inquiry to the Bureau of Mediation at RA-LIBMED@PA.GOV or contact one of our staff members.