FAQ

What is mediation?

Mediation is a voluntary, non-binding process where a neutral third party (mediator) facilitates dialogue between disputing parties to help them reach a mutually acceptable resolution. Unlike arbitration, mediation does not result in a binding decision.
Is mediation binding?

No, mediation is not binding. The parties retain control over the outcome and decide whether to agree on a resolution. Any agreement reached is voluntary and typically documented in a written settlement.
What is the difference between mediation and arbitration?

Mediation involves a neutral facilitator helping parties reach a voluntary agreement, with no binding decision. Arbitration involves a neutral arbitrator making a binding decision after hearing both sides, similar to a court ruling.
What is collective bargaining?

Collective bargaining is the process where unions and employers negotiate terms of employment, such as wages, hours, and working conditions, to create a collective bargaining agreement (CBA) that governs the workplace.
What is the National Labor Relations Act (NLRA)?

The NLRA is a federal law enacted in 1935 that protects employees’ rights to organize, form unions, and engage in collective bargaining. It also prohibits unfair labor practices by employers and unions.
Does NMCS charge for its services?

Yes, NMCS charges $1,400 per day for mediation or consulting services, split equally between parties ($700 each). For arbitration, there is a fee to obtain a list of arbitrators, and the selected arbitrator(s) charge separate fees.
Is NMCS a government agency?

No, NMCS is a private company founded by former mediators to fill the gap left by the reduced size of the Federal Mediation and Conciliation Service (FMCS) due to an executive order. NMCS provides invaluable services to promote peaceful labor-management cooperation and economic stability.
What is grievance mediation?

Grievance mediation is a process where a neutral mediator helps labor and management resolve disputes arising from a collective bargaining agreement, such as disciplinary actions, by guiding them to a mutually acceptable, non-binding resolution.
How is grievance mediation different from arbitration?

In grievance mediation, parties work with a mediator to voluntarily resolve a dispute, retaining control over the outcome. In arbitration, an arbitrator makes a binding decision after reviewing evidence and arguments.
What matters are appropriate for grievance mediation?

Grievance mediation is suitable for disputes stemming from a collective bargaining agreement, such as disciplinary actions or contract interpretation issues. It is not used to renegotiate the agreement itself.
How can labor and management make grievance mediation more successful?

Open, honest dialogue about positions, interests, and goals enhances grievance mediation. Parties should engage collaboratively with the mediator to explore settlement options and build trust.
How do you request grievance mediation from NMCS?

Contact the NMCS Field Operations Manager or a mediator in your area via info@nationalmcs.com or 1-713-952-2500. Not all matters are suitable, and NMCS reserves the right to decide whether to offer services. All parties must sign an engagement letter and pay fees before mediation begins.
What is workplace mediation?

Workplace mediation addresses disputes outside a collective bargaining relationship, such as discrimination complaints, interpersonal conflicts, or team disputes, using a neutral mediator to facilitate resolution.
How does workplace mediation differ from grievance mediation?

Workplace mediation handles disputes unrelated to a collective bargaining agreement, like interpersonal or discrimination issues. Grievance mediation focuses on resolving active grievances within a collective bargaining agreement.
What services does NMCS offer?

NMCS provides collective bargaining mediation, grievance mediation, workplace mediation, arbitration, and training/facilitation programs to support labor-management relationships and resolve disputes.
Who are NMCS’s neutrals?

NMCS neutrals are experienced mediators and arbitrators with expertise in labor relations, selected for their impartiality, professionalism, and success in resolving disputes across industries.
What is the cost of arbitration through NMCS?

NMCS charges a fee to provide a list of arbitrators. The selected arbitrator(s) charge separate fees, which vary based on their rates and the complexity of the case.
Can NMCS provide training for labor and management?

Yes, NMCS offers customized training programs on negotiation skills, conflict prevention, and cooperative workplace practices to strengthen labor-management relationships.
What is the role of a mediator in collective bargaining?

A mediator facilitates negotiations between unions and employers, clarifying issues, fostering dialogue, and guiding parties toward a mutually acceptable contract to prevent work stoppages.
How does NMCS ensure neutrality?

NMCS maintains strict impartiality by using vetted neutrals who remain unbiased, ensuring all parties are heard and treated fairly throughout the dispute resolution process.
Can NMCS help with disputes in specific industries?

Yes, NMCS serves industries nationwide, including manufacturing, healthcare, and the public sector, tailoring solutions to each industry’s unique labor-management needs.
What happens if mediation doesn’t resolve the dispute?

If mediation reaches an impasse, parties may request arbitration through NMCS, where a panel of arbitrators can provide a binding resolution, subject to additional fees.
How does the NLRA affect mediation and arbitration?

The NLRA ensures employees’ rights to engage in collective bargaining and protects against unfair labor practices, providing a legal framework that supports NMCS’s mediation and arbitration services.
How can I contact NMCS for services?

Reach NMCS at 1-713-952-2500, info@nationalmcs.com, or 4900 Fournace Pl. Ste. 200, Bellaire, Texas 77401. You can also request a consultation via the online form at www.nationalmcs.com.
What is the NMCS Mediator Credentialing Program?

The NMCS Mediator Credentialing Program requires 20 hours of training, 3 collective bargaining mediations, and 5 grievance mediations (including approved shadowing). Approved mediators earn the NMCS Accredited Mediator™ designation. Contact jzimmerer@nationalmcs.com for details.

FAQ

What is mediation?

Mediation is a voluntary, non-binding process where a neutral third party (mediator) facilitates dialogue between disputing parties to help them reach a mutually acceptable resolution. Unlike arbitration, mediation does not result in a binding decision.

Is mediation binding?

No, mediation is not binding. The parties retain control over the outcome and decide whether to agree on a resolution. Any agreement reached is voluntary and typically documented in a written settlement.

What is the difference between mediation and arbitration?

Mediation involves a neutral facilitator helping parties reach a voluntary agreement, with no binding decision. Arbitration involves a neutral arbitrator making a binding decision after hearing both sides, similar to a court ruling.

What is collective bargaining?

Collective bargaining is the process where unions and employers negotiate terms of employment, such as wages, hours, and working conditions, to create a collective bargaining agreement (CBA) that governs the workplace.

What is the National Labor Relations Act (NLRA)?

The NLRA is a federal law enacted in 1935 that protects employees’ rights to organize, form unions, and engage in collective bargaining. It also prohibits unfair labor practices by employers and unions.

Does NMCS charge for its services?

Yes, NMCS charges $1,400 per day for mediation or consulting services, split equally between parties ($700 each). For arbitration, there is a fee to obtain a list of arbitrators, and the selected arbitrator(s) charge separate fees.

Is NMCS a government agency?

No, NMCS is a private company founded by former mediators to fill the gap left by the reduced size of the Federal Mediation and Conciliation Service (FMCS) due to an executive order. NMCS provides invaluable services to promote peaceful labor-management cooperation and economic stability.

What is grievance mediation?

Grievance mediation is a process where a neutral mediator helps labor and management resolve disputes arising from a collective bargaining agreement, such as disciplinary actions, by guiding them to a mutually acceptable, non-binding resolution.

How is grievance mediation different from arbitration?

In grievance mediation, parties work with a mediator to voluntarily resolve a dispute, retaining control over the outcome. In arbitration, an arbitrator makes a binding decision after reviewing evidence and arguments.

What matters are appropriate for grievance mediation?

Grievance mediation is suitable for disputes stemming from a collective bargaining agreement, such as disciplinary actions or contract interpretation issues. It is not used to renegotiate the agreement itself.

How can labor and management make grievance mediation more successful?

Open, honest dialogue about positions, interests, and goals enhances grievance mediation. Parties should engage collaboratively with the mediator to explore settlement options and build trust.

How do you request grievance mediation from NMCS?

Contact the NMCS Field Operations Manager or a mediator in your area via info@nationalmcs.com or 1-713-952-2500. Not all matters are suitable, and NMCS reserves the right to decide whether to offer services. All parties must sign an engagement letter and pay fees before mediation begins.

What is workplace mediation?

Workplace mediation addresses disputes outside a collective bargaining relationship, such as discrimination complaints, interpersonal conflicts, or team disputes, using a neutral mediator to facilitate resolution.

How does workplace mediation differ from grievance mediation?

Workplace mediation handles disputes unrelated to a collective bargaining agreement, like interpersonal or discrimination issues. Grievance mediation focuses on resolving active grievances within a collective bargaining agreement.

What services does NMCS offer?

NMCS provides collective bargaining mediation, grievance mediation, workplace mediation, arbitration, and training/facilitation programs to support labor-management relationships and resolve disputes.

Who are NMCS’s neutrals?

NMCS neutrals are experienced mediators and arbitrators with expertise in labor relations, selected for their impartiality, professionalism, and success in resolving disputes across industries.

What is the cost of arbitration through NMCS?

NMCS charges a fee to provide a list of arbitrators. The selected arbitrator(s) charge separate fees, which vary based on their rates and the complexity of the case.

Can NMCS provide training for labor and management?

Yes, NMCS offers customized training programs on negotiation skills, conflict prevention, and cooperative workplace practices to strengthen labor-management relationships.

What is the role of a mediator in collective bargaining?

A mediator facilitates negotiations between unions and employers, clarifying issues, fostering dialogue, and guiding parties toward a mutually acceptable contract to prevent work stoppages.

How does NMCS ensure neutrality?

NMCS maintains strict impartiality by using vetted neutrals who remain unbiased, ensuring all parties are heard and treated fairly throughout the dispute resolution process.

Can NMCS help with disputes in specific industries?

Yes, NMCS serves industries nationwide, including manufacturing, healthcare, and the public sector, tailoring solutions to each industry’s unique labor-management needs.

What happens if mediation doesn’t resolve the dispute?

If mediation reaches an impasse, parties may request arbitration through NMCS, where a panel of arbitrators can provide a binding resolution, subject to additional fees.

How does the NLRA affect mediation and arbitration?

The NLRA ensures employees’ rights to engage in collective bargaining and protects against unfair labor practices, providing a legal framework that supports NMCS’s mediation and arbitration services.

How can I contact NMCS for services?

Reach NMCS at 1-713-952-2500, info@nationalmcs.com, or 4900 Fournace Pl. Ste. 200, Bellaire, Texas 77401. You can also request a consultation via the online form at www.nationalmcs.com.

What is the NMCS Mediator Credentialing Program?

The NMCS Mediator Credentialing Program requires 20 hours of training, 3 collective bargaining mediations, and 5 grievance mediations (including approved shadowing). Approved mediators earn the NMCS Accredited Mediator™ designation. Contact jzimmerer@nationalmcs.com for details.