ADR (mediation) gives the parties control over the outcome of their dispute as opposed to having it decided by a third party.
ADR provides the parties an opportunity for each side to define settlement terms that can be more equitable than the "all or nothing" outcomes of formal processes.
The ADR process provides participants an opportunity to make informed decisions after hearing the other person’s viewpoint. Parties can be actively engaged in the process of resolving their dispute.
ADR Neutrals are required to adhere to the highest standards of training and professionalism.
ADR assures confidentiality consistent with the provisions in the Administrative Dispute Resolution Act. ADR Neutrals do not discuss confidential communications, comment on the merits of the case outside the dispute resolution process, or make recommendations about the case. Agency staff or management who are responsible for implementing the settlement agreement will not be given any information. Administrative Instruction No. 106 provides for confidentiality and privacy to the maximum extent allowed by law. The settlement agreement is also confidential and shared only with the specific staff who need to implement the agreement.
As trained professional third parties, the ADR Neutrals are impartial. They do not advocate for either the employee or for management; they advocate for fairness and equity. Their main role is to control the ADR process in a manner that facilitates the highest level of productive communications.
Preservation of Rights
ADR is an alternative to the formal EEO complaint process, not a replacement. If settlement does not occur, the right to pursue the formal process still exists, provided that the employee files within the required timeframe. Click here for more information.
The participation of both parties in the process is voluntary. Resolution only occurs when both sides make good faith efforts toward lasting solutions.
In ADR, the focus is not on learning what went wrong, but on how to make things better in the future.
All parties to a dispute in a ADR process have the right to be accompanied by a representative of their choice, in accordance with relevant collective bargaining agreements, statutes, and regulations.
The ADR process has proven to be a highly effective time-saving service. While the formal EEO process can take months to even years to resolve, an informal ADR meeting typically lasts only one day. Parties address their issues in a safe, controlled environment, then quickly return to a productive work atmosphere. Approximately 70% of all parties who attempt mediation in good faith achieve a mutually beneficial settlement.