ALTERNATIVE DISPUTE RESOLUTION ADR

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ALTERNATIVE DISPUTE RESOLUTION(ADR)

• A better way for resolving conflict

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One way to resolve a dispute!
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A more modern form of dispute resolution!
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ADR - The best way to resolve disputes.
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Alternative Dispute Resolution

• ADR is a group of processes that provide
  alternative ways for resolving disputes.

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Mediation Definition

• Mediation is a process which
• uses a trained neutral third party
• called a mediator
• to assist the disputing parties in finding
• a mutually acceptable solution.

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• In a mediation, it is the disputing parties who
  decide whether they are ready to resolve their
  dispute.

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• The mediator helps the parties craft their own
  solutions to the problem. The mediator does not
  decide who is right or who is wrong. Rather, the
  mediator assists the parties in communicating
  with one another so that the parties can arrive
  at a solution that bests meets both their
  interests.

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MEDIATION

• Emphasizes problem solving
• Not
• assessing blame.

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MEDIATION

• Emphasizes the future
• Not
• the present or the past.

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The Mediation Process

• Mediation is a multi-stage process. Most
  mediations involve introductions, story telling,
  joint and private meetings, problem-solving and,
  finally, agreement writing.

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Stage 1 Preliminary Arrangements

• Upon receipt of the case to be mediated, the
  mediator immediately considers the type of
  dispute, the relationship of the parties, and who
  should be included in the mediation.
• Thoroughly plans to prevent confusion.
• Informs the parties that they are participating
  in a structured process and what they may expect.
• Coordinates the times, dates, locations, and
  seating arrangements.

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Stage 2 The Introductory Statement

• Explains the mediation process
• Establishes the ground rules soliciting input
  from the parties
• Explains the use of a private session (caucus)

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Stage 3 Initial Statements

• Provides parties an opportunity to present their
  sides of the story without interruption.
• Both parties are encouraged to listen to
  understand during the other partys statement
  (possibly for the first time) and to take notes
  on important issues.

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Stage 4 Two-way Exchange

• Parties express feelings and emotions to each
  other in a productive and positive manner.
• Parties ask and answer each others questions.
• Information gaps are filled.

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Stage 5 Issues and Clarification

• Parties and mediators uncover the motivating
  interests of each position.
• Parties frame the issues.
• Hidden agendas uncovered.
• Mutual interests are identified.
• Mediators reaffirm the interests, not the
  positions of the parties..

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Stage 7 Settlement Agreement

• Most mediations warrant a written settlement
  agreement signed by the parties.
• Written agreements should be specific WHO, WHAT,
  WHEN, WHERE, AND HOW.
• Always give the written agreement a reality
  check.

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Stage 8 Closure On Agreement

• Congratulate the parties for successfully
  participating in the mediation process and
  reaching a mutually satisfactory disposition.
• Promote the mediation process as an alternative
  dispute resolution technique for future issues.

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Stage 8 Closure Without Agreement

• Compliment the parties for attempting to resolve
  the dispute through mediation.
• Discuss any positive or constructive results
  obtained during the mediation.
• Double check the parties understanding of the
  consequences of not reaching an agreement.

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What happens if mediation does not result in an
agreement? ADR success rates are high (around
75). However, if ADR fails, you simply return
to whatever options you would have had before you
tried ADR. You do not lose any rights. Even a
failed mediation has benefits. Sometimes the
issues have been narrowed, or relationships
between the parties improved somewhat as each
realizes the others willingness to try to work
things out.
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Mediation Workplace Disputes

• Mediation is an effective tool for resolving
  workplace
• disputes. If you have a disagreement with your
• supervisor or your co-worker, going to work every
  day
• can be a very unpleasant experience If you can
  avoid
• hostility and adversarial relations with those
  you work
• with, your workplace will be a better place to
  work.
• Mediation is less threatening than traditional
  dispute
• resolution processes. It provides the parties
  the
• opportunity to listen to one another and to come
  up
• with creative solutions to their problems.

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How do I ask for a mediation?

• There are several ways you can access your
  facilitys
• mediation program.
• 1. You can contact your facilitys ADR
  Coordinator and request a mediation.
• 2. You can request a mediation by contacting an
  Office of Resolution Management counselor.
• 3. You can contact your local union.

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When can I ask for a mediation?

• You can ask for a mediation at any time.
• In fact, the earlier you ask for a
• mediation, the better. If you let a
• problem fester and go on, positions
• harden and emotions heighten making
• resolution that more difficult.

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Are there any time limits I should be aware of?

• Yes. If you have a discrimination dispute, you
  must
• contact an ORM EEO Counselor within 45 days of
  the
• date the dispute arose. Contacting your
  facilitys ADR
• coordinator or EEO and Affirmative Employment
• Program Specialist does not meet the 45 day
• notification requirement.
• Choosing to use mediation extends the
  pre-complaint
• processing period up to 90 days. If the dispute
  is not
• resolved within the 90 day period, a notice of
  the right
• to file a formal complaint will be issued.

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• MSPB gives an automatic extension (from
• 30 to 60 days) to file an MSPB appeal
• when the Agency and the employee
• agree in writing to use an ADR process to
• try and settle their dispute. MSPB
• appeals apply to certain agency
• actions such as removal, reduction in
• pay or grade, suspension for more than
• 14 days and other designated actions.

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• Regardless of the type of personnel dispute
• being mediated, the goal of a mediation is to
• have the parties sign a written agreement
• resolving all issues in dispute. Remember,
• litigation often does not resolve the real issues
• underlying a dispute. Mediation can and does
• because the parties focus less on blame and
• more on resolution. Even without an agree-
• ment, mediations often help the individuals in
• conflict at a minimum by opening lines of
• communication in discussing the dispute and
• possible solutions.

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• There is no set time period for how long a
  mediation
• session lasts -- most last 4 to 8 hours. The
  mediator or
• any party can terminate the mediation at any time
  if he
• or she feels the mediation is not working. If a
• mediation ends without a resolution of the
  dispute, the
• complaint process proceeds as if no mediation
  occurred.

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• Remember, mediation affords the parties in
  conflict with
• an opportunity to craft a creative solution that
  best
• meets their needs. The only limitation is that
  the
• agreement cannot violate any law, regulation,
  merit
• principles or any applicable labor agreements.

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So, where do you go from here?

• If you are an employee with a complaint, propose
• mediation. If you are a supervisor, suggest
  mediation
• either when complaints are made against you or
  when
• you see a problem start to surface (remember, you
• dont have to wait until someone else mentions it
  first).
• Mediation is flexible, opens lines of
  communication,
• helps salvage ongoing work relationships, and
  gives you
• control in the outcome of your complaint. Try
• mediation. You might like it.