Alternative Dispute Resolution

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Alternative Dispute Resolution
Presentation to NIH 25 June 2008

Lynda OSullivan Ken Lechter Office of the AF
General Counsel (Dispute Resolution Division)
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ADR What is it?

• Any procedure that is used to resolve issues in
  controversy, including, but not limited to,
  conciliation, facilitation, mediation,
  factfinding, minitrials, arbitration, and use of
  ombuds, or any combination thereof.
• - Administrative Dispute Resolution Act of
  1996, 5 USC 571(3)
• - Air Force Policy Directive 51-12 (9 Jan 03)

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ADR - Where Does it Fit In?

• Q. What distinguishes most ADR processes from
  unassisted negotiations of the parties, even if
  they use IBN?
• A. Introduction of a neutral third party to
  assist parties to resolve their dispute
  (exception Contract Disputes Act)
• Q. What distinguishes ADR from standard
  adjudicative forms of dispute resolution?
• A. Several things
• A voluntary process
• Confidentiality
• Informality
• Greater control by parties over process outcome
• Faster resolution lower cost
• Greater opportunity for creative solutions
• Improved relationships

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The Dispute Resolution Spectrum
NEGOTIATION
ALTERNATIVE DISPUTE RESOLUTION
LITIGATION
Outcome Prediction Assistance
Public Litigation
Unassisted Negotiations
Assisted Negotiations
Private Adjudication
Facilitation Mediation Conciliation
Mini-Trial
Early Neutral Evaluation Fact-Finding Non-bind
ing Arbitration
Article I Courts and Boards (e.g., EEOC, MSPB,
FLRA, ASBCA) Article III Courts
Binding Arbitration Summary Trial with
Binding Decision
Positional Negotiation Interest-based Negotiation
Binding Processes
Non-Binding Processes
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Mediation
Process Dynamics Third-party assisted negotiation
s
N
P2
P1
N
N
Unique Features Confidential caucuses Neutral as
facilitator
P2
P1
Decisionmakers The parties
P2
P1

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Facilitation
Process Dynamics Third-party assisted negotiation
s
N
P2
P1
Unique Features Neutral as facilitator IBN
techniques
N
Decisionmakers The parties
P2
P1

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Early Neutral Evaluation
Process Dynamics Third-party assistance with
negotiations
N
P1
P2
Unique Features Evaluation of likely
outcome Assessment of facts and/or methodology
N
P1
P2
Decisionmakers The parties
P1
P2

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Workplace Disputes

• Integrate ADR into traditional complaint
  processes
• Negotiated grievance procedures
• EEO complaints (formal and informal)
• MSPB appeals
• Labor-management disputes
• NSPS adverse actions, appeals, and
  labor-management disputes
• Promote ADR as the preferred dispute resolution
  option (voluntary and confidential)
• Maintain a cadre of highly trained and
  experienced mediators and facilitators
• Train management personnel in effective conflict
  management techniques
• Metrics critical to program evaluation

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Distribution of Air Force Civilian Workplace
Disputes FY 2007
Source FY 07 AF ADR Report
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Average Number of Days for Closure of EEO
Complaints FY 07
ADR resolves complaints in much less time than
other closure methods.
Source EEOC Form 462
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ADR Customer Satisfaction (FY07)
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Questions Discussion