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Alternative Dispute Resolution (ADR)
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What is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) is a procedure designed to
bring together the disputing parties in a complaint in order to
provide them an opportunity to resolve the dispute themselves with
the assistance of a neutral third party. ADR can be used at all stages
of the complaint process. EEO disputants may engage in resolution
discussions during the EEO pre-complaint and formal complaint processes.
A neutral third party known as a mediator facilitates resolution
of the dispute. The mediator has no power to make a decision or
force one on any party. The mediator works with the parties to reach
a voluntary agreement of their own.
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Can ADR be used during the informal (pre-complaint) stage?
Yes, unless the Agency has determined that a particular case is inappropriate for ADR.
When ADR is selected as the method of resolution, the traditional
counseling process will cease and the complaint will be referred
to Mediation and Worklife Services Division (MWSD) for assignment
of a mediator. In all cases, the EEO counselor will conduct the
initial counseling session, identify claims and fully inform the
individual of their rights, to include the option to elect traditional
counseling or ADR. Counselors must inform individuals that if the
ADR process is not successful, the complaint will be referred back
to the EEO Counselor. The Counselor will then conduct a final interview
with the aggrieved within 90 days of the initial contact with the
Civil Rights Division, Office of the Administrator and provide the aggrieved a Notice of Right
to File a formal complaint.
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Can ADR be used during the formal complaint stage?
Yes, unless the agency has determined that a particular case is
inappropriate for ADR, it is available at all stages of the formal
EEO process. Management and disputants are encouraged to continue
attempts to resolve disputes throughout the complaint process, whether
through ADR or any other means of informal settlement.
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How does the ADR process work?
The process usually begins with a joint session. During the first
meeting, the mediator explains the process and how it works, and
answers any questions. After each party presents his or her side
of the story, the mediator may meet with each party separately,
in what is known as a caucus, to discuss the issues in greater detail
and to gain a better sense of how the parties would prefer to see
the issue resolved.
The mediation process may then continue with a series of separate
meetings or continue in a joint meeting with the parties. During
these meetings, the mediator will explore with the parties various
options for resolving the dispute. The mediator can act in any number
of roles, i.e., communicator, translator, agent of reality, etc.
The goal of mediation is to reach a mutually agreeable resolution.
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Why should you use ADR?
The entire process is confidential. As such, the mediator will
not willingly be a witness in a court of law or an administrative
process. No written record will be made of the mediation process.
However, if a resolution to the complaint is reached during mediation,
the terms of the agreement will be reduced to writing.
Secondly, mediation is quick and can result in a win-win situation
for all parties. An EEO mediation settlement takes much less time
to achieve than the more timely, sometimes bitter and costly process
of litigation.
Finally, the disputant does not give up any rights to pursue the
matter formally. Mediation is designed to be an informal settlement
process and it is entirely voluntary. Either of the parties or the
mediator can end the session at any time.
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Is ADR right for you?
To assist in choosing whether or not mediation is an appropriate
ADR process for your dispute, you should consider the following:
- Does the conflict involve a continuing working relationship?
- Do the parties want the matter settled confidentially and informally?
- Do the parties want to have a voice in shaping an agreement?
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Who should be present during the ADR?
Parties can represent themselves or have a representative accompany
them to the session. Management's representative must have first
hand knowledge of the situation and authority to enter into a resolution
agreement with the disputant.
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Last Modified:
August 20, 2012 |
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