Incomplete Mediation

              The Misrepresentations Underlying this Fundamentally Flawed Case Have Persisted Far Too Long

Regarding Incomplete Mediation Process

The mediation process in this matter was never formally completed, leaving a significant procedural gap in the handling and resolution of the dispute. Mediation is intended to provide both parties with an opportunity to fully present their positions, exchange relevant information, explore resolution, and potentially resolve contested issues before final and irreversible action is taken. In this case, that process was never brought to a proper conclusion.

  • no arbitrator ever ruled on FA Blockhus
  • no factual findings were made by an arbitrator,
  • and United’s termination decision has never been fully tested in arbitration.
  • the case was resolved administratively rather than through a completed evidentiary arbitration.
  • the case was still unresolved procedurally,
  • and settlement was being pursued instead of full adjudication.
  • FA Blockhus case was being resolved through negotiated withdrawal/settlement mechanisms,
  • not through a completed evidentiary arbitration ruling on the merits.
  • the arbitrator denied your grievance
  • an award was never issued
  • the merits were never finally adjudicated by an arbitrator before the grievance was withdrawn by the Union.
  • arbitration issues were still unresolved
  • the arbitrator had not yet ruled
  • factual disputes remained active
  • the grievance was withdrawn before a final merits decision

FA Blockhus was only offered an opportunity to "resign" which he adamantly declined, and at that point the mediation did not continue.  At no point was there a final mediated resolution, written settlement, formal closure, or documented determination indicating that mediation had been completed or exhausted. Instead, the process appears to have ended prematurely, without a full and fair opportunity for all issues to be addressed or for meaningful participation by FA Blockhus, only an offer of resignation of which FA Blockhus refused.

This incomplete mediation is particularly significant given the complexity of the allegations, the disputed facts, and the existence of conflicting evidence. A properly concluded mediation would have allowed for a more balanced review of the circumstances, including the opportunity to present overlooked evidence, clarify misunderstandings, and address procedural concerns that arose during the investigation.

The absence of a completed mediation process raises concerns regarding whether all available dispute-resolution mechanisms were fully utilized before adverse action was taken. Mediation serves an important purpose in employment-related disputes, particularly where credibility, workplace relationships, contractual rights, and disciplinary decisions are involved. When that process is interrupted or abandoned before completion, it undermines confidence that the matter was fully and fairly evaluated.

Additionally, the lack of a formal conclusion creates uncertainty regarding whether the procedural protections ordinarily associated with mediation were honored. Without a completed process, there is no clear indication that the parties were afforded a meaningful opportunity to reach resolution or that all relevant concerns were adequately considered.

The failure to officially complete mediation is therefore material to the overall fairness of the proceedings. It suggests that an important stage of dispute resolution was left unresolved, depriving FA Blockhus of the opportunity to fully participate in a process designed to ensure fairness, transparency, and balanced consideration of the issues in dispute.

Accordingly, the incomplete mediation process further supports the position that the matter was not fully adjudicated through all available procedural avenues before significant employment action was taken.

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