This series includes all positions that involve providing mediation assistance to labor and management in the settlement or prevention of industrial labor disputes connected with the formulation, revision, termination or renewal of collective-bargaining agreements. The paramount qualification requirement of all positions in this series is ability and skill in applying the techniques of mediation in dealing with the parties to a dispute. The application of these techniques in the settlement of industrial labor disputes needs knowledge of the field of labor-management relations, particularly of collective-bargaining principles, practices, and processes; understanding of economic, industrial, and labor trends, and of current developments and problems in the field of labor relations; and knowledge of applicable labor laws and precedent decisions.
(This series applies only to mediator positions in the Federal Mediation and Conciliation Service and in the National Mediation Board.) There are approximately 183 mediators employed in this series.
Federal Government Requirements:
Typical Duties & Occupational Profile:
In the private sector a mediator is also referred to as arbitrators, and conciliators.
Arbitrators, mediators, and conciliators facilitate negotiation and dialogue between disputing parties to help resolve conflicts outside of the court system.
Duties
Arbitrators, mediators, and conciliators typically do the following:
Arbitrators, mediators, and conciliators help opposing parties settle disputes outside of court. They hold private, confidential hearings, which are less formal than a court trial.
Arbitrators are usually attorneys, business professionals, or retired judges with expertise in a particular field. As impartial third parties, they hear and decide disputes between opposing parties. Arbitrators may work alone or in a panel with other arbitrators. In some cases, arbitrators may decide procedural issues, such as what evidence may be submitted and when hearings will be held.
Arbitration may be required by law for some claims and disputes. When it is not required, the parties in dispute sometimes voluntarily agree to arbitration rather than proceed with litigation or a trial. In some cases, parties may appeal the arbitrator’s decision.
Mediators are neutral parties who help people resolve their disputes. However, unlike arbitrators, they do not render binding decisions. Rather, mediators help facilitate discussion and guide the parties toward a mutually acceptable agreement. If the opposing sides cannot reach a settlement with the mediator’s help, they are free to pursue other options.
Conciliators are similar to mediators. Although their role is to help guide opposing sides to a settlement, they typically meet with the parties separately. The opposing sides must decide in advance if they will be bound by the conciliator’s recommendations.
Arbitrators, mediators, and conciliators are usually lawyers or business professionals with expertise in a particular field.
Arbitrators, mediators, and conciliators learn their skills through a combination of education, training, and work experience.
Education
Education is one part of becoming an arbitrator, mediator, or conciliator.
Few candidates receive a degree specific to the field of arbitration, mediation, or conflict resolution. Rather, many positions require an educational degree appropriate to the applicant’s field of expertise, and a bachelor’s degree is often sufficient. Many other positions, however, require applicants to have a law degree, a master’s in business administration, or some other advanced degree.
Work Experience in a Related Occupation
Arbitrators, mediators, and conciliators are usually lawyers, retired judges, or business professionals with expertise in a particular field, such as construction, finance, or insurance. They need to have knowledge of that industry and be able to relate well to people from different cultures and backgrounds.
Training
Mediators typically work under the supervision of an experienced mediator for a certain number of cases before working independently.
Training for arbitrators, mediators, and conciliators is available through independent mediation programs, national and local mediation membership organizations, and postsecondary schools. Training is also available by volunteering at a community mediation center.
Licenses, Certifications, and Registrations
There is no national license for arbitrators, mediators, and conciliators. However, some states require arbitrators and mediators to become certified to work on certain types of cases. Qualifications, standards, and the number of training hours required vary by state or by court. Most states require mediators to complete 20 to 40 hours of training courses to become certified. Some states require additional hours of training in a specialty area.
Some states require licenses appropriate to the applicant’s field of expertise. For example, some courts may require applicants to be licensed attorneys or certified public accountants.
Important Qualities
Critical-thinking skills. Arbitrators, mediators, and conciliators must apply rules of law. They must remain neutral and not let their own personal assumptions interfere with the proceedings.
Decision-making skills. Arbitrators, mediators, and conciliators must be able to weigh facts, apply the law or rules, and make a decision relatively quickly.
Interpersonal skills. Arbitrators, mediators, and conciliators deal with disputing parties and must be able to facilitate discussion in a calm and respectful way.
Listening skills. Arbitrators, mediators, and conciliators must pay close attention to what is being said in order for them to evaluate information.
Reading skills. Arbitrators, mediators, and conciliators must be able to evaluate and distinguish important facts from large amounts of complex information.
The occupational profile was excerpted from the Occupational Handbook (OOH) published by the Department of Labor.
GS-0241-Mediator (Excerpted from USA Job Announcement)
The Federal Mediation and Conciliation Service promotes the development of sound and stable labor management relationships; prevents or minimizes work stoppages by assisting labor and management to settle their disputes through mediation; advocates collective bargaining, mediation and voluntary arbitration as the preferred process for settling issues between employers and representatives of employees; develops the art, science and practice of conflict resolution; assists government agencies in the effective use of alternative dispute resolution through support, training, and the provision of neutrals; and fostering the establishment and maintenance of constructive processes to improve labor-management relationships, employment security and organizational effectiveness.
Responsibilities
As a Mediator you will be responsible for promoting the development of sound and stable labor-management relationships by advocating the practice of collective bargaining, mediation and arbitration. You will also be responsible for fostering the establishment and maintenance of constructive joint processes to improve labor-management relationships and preventing or minimizing work stoppages through the use of mediation, relationship development training and other joint processes. Mediators also provide a wide range of alternative dispute resolution (ADR) services to help government entities reduce litigation costs, including mediation of discrimination and other claims, workplace conflict management training, facilitation, systems design and negotiated rulemaking. Additional duties for the incumbent include:
In order to be found qualified for the GS-13 Mediator position with FMCS; your resume must clearly reflect your full-time collective bargaining process experience. This experience can be gained by having served as the Chief/Lead Spokesperson/Second Chair/Benefits Expert (representing labor or management) in the negotiation of collective bargaining agreements or while serving as a Mediator or Facilitator with parties engaged in the collective bargaining processes.
There is no education requirement for the government mediator job position.
Job Prospects (Excerpted from Occupational Handbook (OOH) published by the Department of Labor)
Because arbitrators, mediators, and conciliators deal extensively with legal issues and disputes, those with a law degree should have better job prospects. In addition, lawyers with expertise or experience in one or more particular legal areas, such as environmental, health, or corporate law, should have the best job prospects.
Credits
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