IBRD Directive. Staff Manual - Staff Rules - 09 Conflict Resolution Mediation Services. Bank Access to Information Policy Designation Public

Transcription

1 IBRD Directive Staff Manual - Staff Rules - 09 Conflict Resolution Mediation Services Bank Access to Information Policy Designation Public Catalogue Number Issued Effective December 27, 2010 Last Revised On February 22, 2016 Retired July 26, 2016 Content Staff Rule 9.01 Applicable to IBRD Issuer Vice President, HRDVP; Sponsor Senior Mediation Officer, MEF;

2 ~ Staff Connections - World Bank Intranet ~ Print 09 Conflict Resolution Mediation Services 1. Subject and Applicability 2. Appointment and Responsibilities of the Manager. Mediation Services 3. Policy. Definition. Purpose and Objectives 4. The Mediation Process 5. Reporting Requirements/Program Collaboration 6. Retaliation 01. Subject and Applicability Subject 1.01 Mediation Services is a neutral facility within the Bank Group whose purpose is to facilitate effective communication among staff members and assist them in reaching mutually acceptable solutions to conflicts, concerns or issues that are affecting them. This Rule describes the functions of Mediation Services and establishes procedures of the process. This Rule was most recently amended on December 27,2010. Applicability 1.02 The provisions of this Rule apply to all current and former Bank Group staff members. 02. Appointment and Responsibilities of the Manager, Mediation Services 2.01 The Manager of Mediation Services is appointed by the President for a period of five years. This appointment may be renewed by the President for one additional five year term. The Manager is responsible for developing, implementing, and coordinating the World Bank Group Mediation program. 03. Policy, Definition, Purpose and Objectives Policy 3.01 To build the most effective global institution to fight poverty, the Bank Group

3 Staff Manual- Table of Contents - Staff Rules Office of... Page 2 of 5 needs a workplace culture that values staff diversity, and promotes mutual trust and team work. It is the policy of the Bank Group to encourage staff and managers to address and resolve work related disputes directly, whenever possible. Mediation Services is available to staff members who are either unable to resolve these disputes themselves or do not feel comfortable approaching the other party. Definition 3.02 Mediation is a process in which parties to a dispute use the services of an impartial and independent third party to increase the quality of their communication and look for mutually agreeable solutions to their conflicts. Mediation is a good-faith attempt to resolve workplace conflict, characterized by: a. Voluntariness: Although staff and managers may be asked to make an initial good faith attempt to mediate, continued participation in the process after the first session is voluntary. Reaching or not reaching an agreement on the substantive issue is entirely voluntary. b. Confidentiality: Participants are prohibited from disclosing information learned during any stage of the mediation process to individuals not involved in it, unless all participants agree. c. Informality: Mediation is not a formal fact-finding process. There are no rules of discovery or motions. Mediation is informal and flexible to the needs of the parties. Purpose and Objectives 3.03 The purpose of mediation is to provide parties with a safe, confidential and informal process to help staff members communicate effectively with the help of an independent, impartial professional. The objectives of mediation include: a. Empowering parties to resolve work related disputes; b. Encouraging open communications in a non threatening environment; c. Minimizing the use of adversarial dispute resolution mechanisms; and d. Improving workplace relationships and working conditions. 04. The Mediation Process Requests for Mediation 4.01 Requests for mediation may be made in writing jointly by all parties, individually by one of the parties, or by anyone directly or indirect~ involved in the dispute. After receiving this initial request, Mediation Services will conduct an intake session with each of the parties individually to determine whether mediation is appropriate. Bank Group staff members are expected to meet and collaborate with Mediation Services for case intake purposes.

4 Staff Manual- Table of Contents Staff Rules Office of.. Page 3 of If Mediation Services determines that the case is not appropriate for mediation, the staff members will be referred to other resources in the Bank Group If Mediation Services determines that the case is appropriate for mediation the parties shall participate in the first mediation session. At the end of the first mediation session, the parties can decide whether they want to continue with the mediation and, if so, how to proceed. Temporary Stay of Terms 4.04 Pursuant to Staff Rule 9.03, if a staff member requests mediation prior to the expiration of the 120-day deadline for submitting a Request for Review, the term will be temporarily stayed. If the mediation does not solve the matter, the parties shall have the remainder of the original term or 30 calendar days from the closing of the case by Mediation Services, whichever is greater, for submitting the Request for Review Pursuant to Staff Rule 9.03, if a staff member requests mediation after filing a Request for Review, or if the Peer Review Panel refers the case for mediation, the process will be temporarily stayed. If the mediation does not solve the matter, Mediation Services will close the case and the peer review process will continue from the point at which it was temporarily stayed Staff members are strongly encouraged to consult the Peer Review Secretariat and read Staff Rule 9.03 for further guidance and information. Mediators 4.07 Mediators treat all parties to a dispute with respect and even-handedness. They do not make final decisions on the substance of the matter. Instead, they facilitate the communication between the parties. Mediations may be conducted by: I. a qualified staff member within Mediation Services; ii. a staff member qualified by Mediation Services to act as a peer mediator; or iii. an external mediator selected by Mediation Services or jointly by the disputing parties from the list of mediators qualified by Mediation Services to perform as such. Confidentiality 4.08 Information learned during the mediation process (intake, sessions or follow-up) is confidential. Such information, as well as what happens during mediation, cannot be disclosed or used in any other proceeding (e.g. before Peer Review Services, Office of Ethics and Business Conduct, the World Bank Administrative Tribunal, Institutional Integrity, etc.). Mediators will destroy their notes at the conclusion of the mediation process.

5 Staff Manual- Table of Contents - Staff Rules Office of... Page 4 of Examples of confidential information include, but are not limited to, the following: a. views expressed, admissions or suggestions made by the parties in the course of mediation; or b. proposals made or views expressed by the mediator; or c. the fact that another party had or had not indicated a willingness to accept a proposal for resolution Neither staff members working for Mediation Services nor any external mediator will be a witness in any other Bank Group proceedings related to a mediated dispute The exceptions to the confidentiality of the mediation process are: a. When there is an explicit agreement between the parties to share information with others; b. When parties need to share the contents of the Mediation Agreement (MA) for purposes of implementing or enforcing its provisions; or c. When there appears to be an imminent threat of serious harm to anyone. Mediation Agreement 4.12 If parties to agree on the terms of a mutually acceptable solution, the mediator may draft a Mediation Agreement (MA) which records specific agreements made by all parties. A signed MA represents a binding commitment for the parties If a party believes that there has been a breach of a MA, or of a settlement agreement reached outside Mediation Services between a representative of the Bank, IFC or MIGA and a staff or former staff member, either party may request the assistance of Mediation Services in an attempt to resolve the issue. In addition, the staff member may either submit a request for review to Peer Review Services (pursuant to Staff Rule 9.03) or may bring a claim regarding the alleged breach directly to the World Bank Administrative Tribunal (WBAT), pursuant to Staff Rule A staff member who seeks to challenge the validity of an MA or settlement agreement may request the assistance of Mediation Services in an attempt to resolve the issue or may bring the claim directly to the World Bank Administrative Tribunal. Conclusion of the Mediation 4.15 Mediation shall be concluded when any of the following occurs:

6 Staff Manual- Table of Contents - Staff Rules Office of... Page 5 of5 a. Mediation Services closes the case; b. A party withdraws from the mediation any time after the first session; or c. The parties reach an agreement Mediation Services shall document the completion of mediation and shall provide written notice to the parties. 05. Reporting Requirements/Program Collaboration 5.01Mediation Services will maintain the following information: Agreement to Mediate, Original MA (if applicable) and case specific demographic data required for administrative purposes only. While ensuring that the confidentiality of cases remains intact, Mediation Services will aggregate data and submit periodic report (s) to the Office of the President regarding usage trends. The Manager of Mediation Services will work collaboratively with members of the World Bank Group Internal Justice System to support the development and implementation of effective dispute resolution policies, procedures and practices. 06. Retaliation 6.01 Retaliation by a staff member, including managers, against any person who uses Mediation Services is expressly prohibited and shall subject the staff member or manager to disciplinary action under Staff Rule Search Help/Feedback Site Index IFC MIGA ICSID WBG Home

7