CRS Restorative Services
CRS Restorative Services is offering some continued OMOS services.
Restorative Mediation process overview
Restorative mediators are all trained and very experienced at facilitating discussions and asking questions to help the participants identify the areas of dispute and misunderstanding, develop options, consider alternatives, and to reach greater understanding (with or without a written agreement). Mediators support all participants in having a voice and take no sides, offer no advice or decision about the "outcome."
CRS Restorative mediators are all trained and very experienced at facilitating discussions and asking questions to help the participants identify the disputed issues, develop options, consider alternatives, and to reach greater understanding (with or without a written agreement). Co-mediation is a process in which participants are assisted by two mediation practitioners. CRS will always provide one (and many times) two mediators to conduct the process.
The CRS Team does not make a decision about or against anyone. Instead, we offer support to everyone who participates in CRS. We are open and ready to help participants dive beneath surface-level positions, explore tough questions, meet deep needs, and find common interests that humanize County government and their workplace relationships.
Restorative Services Frequently Asked Questions (FAQs)
No. A supervisor, manager, or coworker cannot require an employee to mediate. While the County invites everyone to explore how restorative mediation can help them work through workplace challenges, participating in mediation is your choice. When at least two people want to work through differences together, we can mediate. For individuals working through differences alone, CRS offers Mentoring services.
CRS creates an environment that supports open and transparent dialogue and ensures that participants voice their perspectives equally. Restorative mediation helps people see the impact of their words and actions on one another, take accountability for that impact, make shifts to improve, and work differently and better with each other.
Ultimately, you may need to continue working with each other. Mediation can help you work things out well enough to be in meetings together, collaborate on projects, and have a more productive professional environment.
Initially, you will meet with the CRS mediators on your own via Teams or in person without the other participant present. The mediators will meet separately with the other participant, as well. The individual conversations are intended to give you a chance to ask questions, express concerns, prioritize your goals, and consider how and what you would like to say to the other person.
After the initial, individual consultations take place with the mediators, yes, the goal is to schedule a face-to-face mediation between the participants, at the earliest opportunity. The mediators are trained to help both sides meet and express themselves productively and to keep the conversation safe and productive.
If you feel, even after the preparation and individual consultations with the mediators, that you are unable or unwilling to meet face-to-face to work with the other person, you may change processes and shift to the CRS Mentoring process gram where you work individually with the CRS Mentors. Mediation participation is completely voluntary.
Differences in title, job classification, education, and different commands of English, etc., do not sway the process or the intention that every participant is equal and has a voice in the CRS process. The mediators' job is to balance any power differences and so that no participant has greater voice, leverage, advantage, or power in the mediation process. Participants are encouraged to communicate respectfully, openly, and honestly.
Restorative Services Frequently Asked Questions (FAQs)
Confidentiality is described in the IOA Standards of Practice and Code of Ethics (ombudsassociation.org).
Yes, the entire Mediation process is confidential.
CRS professional mediators have an obligation to hold mediation consultations and communications (verbal, written, email statements) strictly confidential. The mediator’s obligation to hold information confidential is described in the IOA Standards of Practice and Code of Ethics (ombudsassociation.org).
Yes, exceptions to confidentiality permit CRS Restorative Mediation Team members to discuss confidential details:
- Internally, with other members of the CRS Restorative or Educational Services Teams on a confidential basis when the Teams believe that doing so will increase the efficiency or quality of services provided by the CRS Program, as a whole.
- Externally, to the County Executive or law enforcement personnel, when communications or conduct indicates an imminent risk of serious harm to someone; or
- When both/all mediation participants agree to waive confidentiality and share details with specific individuals; or
- When a communication falls within the “Excluded Topics” List, below.
Yes, CRS "Excluded Topics" will not be mediated and are excluded from the CRS mediation process:
- An employee’s criminal conduct or violation of law
- Words / conduct that the County must formally investigate due to:
- Discrimination, Harassment, Retaliation in violation of County EO policies. (Appropriate contact: Equal Opportunity Investigations at [email protected] or 408-993-4840)
- Incompatible outside employment, improper government activity, fraud, waste, mismanagement, or abuse of County resources. (Appropriate contact: County Whistleblower Program at whistleblower.santaclaracounty.gov or 888-302-7743)
- Physical workplace violence hazards, incidents, or violations of County workplace violence policies. (Appropriate contact: 9-1-1 if there is immediate danger; WVP Administrators: [email protected]; Emergency Contacts: Doug Feliciano, Facilities Security Manager: 408-334-7599 or Dr. Tammy McCoy-Arballo, Clinical Director, Trauma Recovery: 669-649-2076)
Confidentiality supports open dialogue between people who are having disagreements. Without confidentiality, there may be a fear of communicating openly, truthfully, and authentically, which may be a barrier to reaching true understanding.
The public policy benefit of holding mediation communications confidential from use in formal processes and proceedings is to protect free flowing dialogue, invite accountability without fears of retribution, support relational healing between people in disputes, and support voice, choice, and informed decision-making in psychologically safe environments.
No. The CRS mediators will not provide substantive details of the Mediation discussion.
CRS Mediations are not intended to provide a record for an employee's personnel file, performance appraisal or to advance any formal County process option or legal proceeding. There are not positive inferences (rewards) or negative inferences (demerits, strikes against you) for choosing to/not to participate in CRS.
You may tell your supervisor / manager that you are participating in the County's CRS program, a service provided by the County to employees and departments. As supervisors and managers become familiar with CRS, there will be greater understanding and acceptance that no substantive questions may be asked or requirement that you provide updates- on the content of mediation discussions. You are expected to communicate about scheduling details (hours, location) if you are participating in CRS during your regular County work time.
If your supervisor/manager is unfamiliar with CRS, they may email [email protected] or call 408-993-4141 to ask questions about the program and the process, in general.
CRS Restorative Mediation program managers will only discuss process logistics (scheduling details, time/location) and confirm attendance of an employee who participates in a training, mentoring, conciliation, or mediation during regular County work time.
CRS Restorative Mediation program managers will NOT provide substantive updates or details about the content of the Restorative Mediation.
Yes, an exception to the CRS Restorative Mediations confidentiality policy is if both/all CRS Mediation participants agree to waive confidentiality and share details with a select individual(s). Also, CRS Restorative Mediation Excluded Topics are agreed to be excepted by the participants. See additional FAQs containing Restorative Mediation confidentiality exceptions and exclusions.
Any CRS mediator notes and participants’ written Mediated Agreements are held strictly confidential by CRS Team Members, are not shared with anyone outside of CRS, and are shredded or deleted when CRS’s delivery of services concludes, unless the participants agree to have the Mediated Agreement retained and uploaded by CRS into its case management system.
CRS Team Members enter dates and process details that allow for annual, anonymized statistical and programmatic reporting. Participants' County employee, PeopleSoft contact information is associated with the case. Services provided, and case closing dates, and evaluations may be involved in the case management system.
A Restorative Mediation may end with a written or verbal Mediated Agreement, which will remain confidential, unless each participant agrees to waive confidentiality and share the Agreement with specific people (e.g., a supervisor or manager).
Some mediation participants may choose to write down the terms to which they agreed (often about how they will work to improve the communication dynamic) because they want to memorialize the specifics of their discussion and ways to move forward. There is no requirement to generate a written or verbal Mediated Agreement at the end of the Restorative Mediation process.
The focus of the Restorative Mediation process is upon the conversation between the participants, not necessarily upon an agreement. The process goal is that each participant feels heard.
What to expect: Time commitment and process
The anticipated minimum time commitment is 3 to 4 hours:
- Initial inquiry from participant or department point of contact - CRS response email or call within one business day.
- Intake conversation (intake) between CRS and person initiating the discussion/department point of contact, usually scheduled within the same week as the initial inquiry (30-60 minutes)
- Initial conversations: Participant 1/Mentee initial conversation, then, Participant 2 (30-60 minutes each)
- Follow up conversations with 1 and 2 (20-30 minutes, as needed)
- Conciliation conversations = 'shuttle diplomacy' ending with a Conciliated Work Agreement Meeting (1-2 hrs)
- Restorative Mediation (2 hours)
There is no standard 'timeline'. An average CRS matter will be open for 60 days or more, depending upon participants' availability and responsiveness. CRS understands that employees' schedules are busy, coverage replacements can be difficult, and vacations, leaves of absence, etc., all impact participants' availability.
Generally, the investment of time in CRS pales in comparison to the amount of time and the toll an ongoing, unresolved dynamic can take on individuals and on a department. For example, unresolved miscommunications, misperceptions, and disagreements between coworkers can fester and lead to hurt feelings, disrupted collaboration, lower productivity, gossip, and unharmonious work environments. CRS likes to think that a Restorative process is worth the investment of time because authentic communication about root causes and core disagreements are discussed, heard, understood, and moved through (some may call this a resolution).
Yes, if they choose to do so. CRS Mentoring, Conciliation, and Mediation services are available to all County employees and departments. CRS Restorative Team members aspire to provide a forum for listening and direct conversation that allows all participants to feel heard.
CRS mediators will meet individually with each participant, before the actual mediation session, to discuss concerns, perspectives, and options; and to provide information and suggestions for each of the participants' respective consideration and preparation before the face-to-face mediation occurs.
Yes, participants meet with the mediator(s) to discuss individual concerns and perspectives. There may be some suggested exercises to help the participant to contemplate, clarify, and prioritize thoughts, motivations and goals before the face-to-face mediation session.