U.S. Department
of Health and Human Services
ACF
Administration for Children and Families
Program Instruction
To: Head Start Grantees and Delegate Agencies
Subject: Mediation Procedures for Head Start Grantees, Policy Councils, and Delegate Agencies
Mediation is a process in which two parties allow a trained neutral third party to assist them in resolving a dispute in a manner that is acceptable to both parties. This Program Instruction provides mediation procedures to be followed by Head Start grantees when conflicts arise. Such conflicts could be between the grantee and its Policy Council or between the grantee and a delegate agency.
The purpose of this Program Instruction is to provide mediation procedures to be followed by Head Start grantees when conflicts arise, which, if not resolved, could lead to adverse action against the grantee or the delegate agency. Such conflicts could be between the grantee and its Policy Council or between the grantee and a Delegate Agency.
LEGAL AND RELATED AUTHORITIES:
The Head Start Act, as amended by Title I of the Human Service Amendments of 1994, Section 646 (a) (4) and (b) and 45 Part 1303.
What is Mediation?
Mediation is a process in which two parties allow a trained neutral third party to assist them in resolving a dispute in a manner that is acceptable to both parties. Mediation is different from litigation. It is informal. A mediator is not a judge and does not decide the dispute for the parties. Mediators work to gain the trust of both parties and then use their knowledge and skills to help the parties focus their interests and goals in order to come to an agreement that meets their individual and mutual objectives. The benefits of mediation are:
- Mediation allows the parties to retain control.
Mediation allows you to control your dispute and resolve the problems yourself, rather than having someone else do it for you. - Mediation fosters more creative solutions.
Since the mediation process empowers parties to craft their own solutions, parties have the opportunity to be far more creative than formal procedures would allow. - Mediation is timely.
Mediation allows parties to resolve disputes faster by avoiding backlogged court systems. - Mediation is economical.
Although any party is free to consult with a representative at any time, the mediation process does not require parties to have attorneys. Additionally, mediation saves money by resolving disputes in a timely manner. - Mediation enhances communication.
Entering into the mediation process enhances communication between parties by allowing the parties to sit down at a table together and talk to one another. Additionally, the mediator's unique position allows him/her to gain a more complete picture of how each of the parties views the problem. - Mediation enhances relationships between parties.
Increased communication and understanding between parties creates more pleasant and productive relationships.
Engaging in mediation does not mean that you want to compromise. It does mean that you are interested in talking in a confidential setting with another party to find out if a problem can be resolved.
Mediators are strictly prohibited from discussing cases with anyone outside the mediation process. This rule is designed so that no one who might be involved in a possible later adjudication will have any knowledge of what happens during mediation.