Iowa Code r. 621-13.4 - Mediator listing
(1)
Categories of mediators. The list shall consist of three
categories of mediators:
a. The agency's
professional staff;
b. Mediators
employed by FMCS; and
c. Ad hoc
mediators.
(2)
Application procedures for ad hoc mediators. Persons seeking
to be included on the list must complete and submit an application to the
agency. Applicants shall submit at least two professional references,
preferably one reference from management and one reference from labor. The
board will review the application under the criteria set forth in this rule and
shall make a final decision as to whether an applicant may be placed on the
list. Satisfactorily meeting all criteria does not entitle an applicant to
inclusion on the list. Each applicant shall be notified in writing of the
board's decision.
(3)
Knowledge and abilities. Applicants must establish requisite
knowledge and abilities as follows:
a. Good
verbal and written communication skills;
b. The ability and willingness to travel
throughout Iowa and to work prolonged and unusual hours;
c. Knowledge of Iowa Code chapter 20, the
agency's administrative rules, and principles and practices of contracts,
public finance, and labor relations; and
d. The ability and willingness to conduct a
mediation in a fair and impartial manner.
(4)
Experience. Applicants
must demonstrate requisite experience in labor relations or mediation in one of
the following ways:
a. At least three years of
collective bargaining experience in the public or private sector;
b. At least three years of actual mediation
experience;
c. At least five years
of other relevant experience in labor-related fields including but not limited
to human resource management, industrial relations, and labor
unionism;
d. A law degree or a
master's or equivalent degree in industrial or labor relations or alternative
dispute resolution; or
e.
Experience that is a combination of that described in paragraphs
"a" through "d" of this subrule.
(5)
Geographical
location. Preference will be given to applicants residing in or near
areas of the state where few other listed mediators reside.
(6)
Training. Prior to
inclusion on the list, an applicant may complete the following training if the
training is deemed necessary by the board:
a.
Formal training provided by the agency; and
b. Mentorship in at least two disputes with
an experienced, listed mediator. The board may require additional mentoring if
deemed necessary.
(7)
Conflict of interest. Prior to inclusion on the list, all
applicants must disclose potential conflicts of interest as described in
subrule 13.6(1).
(8)
Exemption. Persons on the agency's professional staff and
mediators employed by FMCS shall not be required to submit an application for
listing and shall be deemed as meeting all criteria set forth in subrules
13.4(3) through 13.4(6) throughout the duration of their employment with the
agency or FMCS.
(9)
Grandfather clause. Any person listed prior to November 5,
2014, shall be deemed as meeting all criteria set forth in subrules 13.4(3),
13.4(4) and 13.4(6).
Notes
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