Agencies may be flexible in designing their ADR programs to fit their environment and workforce BUT

The programs conform to the core principles set forth in EEOC's policy statement on ADR.

Programs should be designed to provide the maximum
opportunity for all parties to?

Freely express their positions and interests in resolving disputes.

Agency managers must be aware that they have a duty to cooperate in an ADR process once ?

The agency has determined that a matter is appropriate for ADR.

Agencies must build fairness into their?

1. Programs
2. Voluntariness
3. Neutrality
4. Confidentiality
5. Enforceablity

An ADR program must be

1. Flexible
2. Include training
3. Evaluation Components

While mediation is the most popular form of ADR currently being used in the federal sector

There are numerous other forms available for consideration

Agencies should carefully consider the needs of their workforce when?

selecting among techniques

EEOC does not mandate the use of a

particular ADR technique, e.g., mediation, in an
agency's ADR program.

The Commission does require that, regardless of the ADR

technique(s) an agency selects, the method be used in a manner that is consistent with the

core principles outlined in Chapter 3 section 7 of MD 110 .

The ADR program must not diminish an individual's right to

Pursue his or her claim under the 1614 process should
ADR not resolve the dispute

For example, an ADR program may not require an individual to waive

his/her right to an investigation, a hearing, or to appeal the final decision to the EEOC

An ADR program must be designed around the

Time frames of the EEO regulations

If an aggrieved individual agrees to participate in the ADR  procedure

Then the  pre-complaint processing period shall be ninety (90) days

The time frame must be met

to be consistent with the regulation

If the dispute is not resolved in this time frame

then the aggrieved must be advised of the right to file a formal complaint and that the Part 1614 process will continue.

What happens if an individual enters into an ADR procedure after a formal complaint is filed

the time period for processing the complaint may be extended by agreement for not more than 90 days.

Then the complaint must be processed within the extended time period.

Representation of the Parties

 Aggrieved individuals have the right to representation

Throughout the complaint process

Aggrieved individuals have the right to representation throughout the complaint process

Including during any ADR process

While the purpose of ADR is to allow

the parties to fashion their own resolution to a dispute

It's important that any agency dispute resolution procedure provide all parties.

The opportunity to bring a representative to the
ADR forum if they desire to do so.

Dealing with Non-EEO Issues

EEO ADR programs are designed to address disputes arising under

Statutes enforced by the EEOC

The Commission has found that many work place disputes brought to the process often include

In designing their ADR programs, agencies may provide sufficient latitude for the parties to

raise and address both EEO and non-EEO issues

non-EEO issues are

Matters Inappropriate for ADR

The Administrative Dispute Resolution Act of 1996 (ADRA) and the EEOC ADR Policy
Statement recognize that there are instances in which ADR

Collective Bargaining Agreements and the Privacy Act

Agencies must be mindful of obligations they may have under collective bargaining
agreements to discuss development of?

ADR programs with representatives of appropriate
bargaining units.

Offering ADR During the Counseling Stage

Under § 1614.102(b)(2), agencies are required to establish or make available

an alternative dispute resolution program including during the pre-complaint processing period

ADR After the Complaint is Filed

The EEOC encourages agencies to focus their ADR programs on

resolving work place disputes as

early in the process as possible

What must Agencies design their ADR programs to allow the parties to do?

All their parties to pursue ADR techniques after an EEO complaint is filed or during or at the end of the investigation

Agencies are encouraged to incorporate alternative

dispute resolution techniques into their investigative efforts in order to promote early resolution of complaints

ADR Throughout the Complaint Process

Unless the agency has determined that a particular case is inappropriate for ADR

the agency must offer ADR at all stages of the EEO process  counseling, after filing formally and prior to a

hearing

Agencies are encouraged to design their ADR programs to make dispute resolution procedures available to the parties

The Commission also suggests that agencies actively encourage the parties, particularly management

to continue attempting to resolve disputes throughout the complaint process, whether through ADR or any

other means of informal settlement

ADR attempts may also be made by

Explanation of Procedural and Substantive Alternatives

Agency ADR programs should be designed to ensure that parties are informed of

all of the various steps in the EEO process before beginning the actual ADR proceeding

An informed choice is necessary to the success of the ADR proceeding, but an additional value is that once

parties choose ADR over other alternatives

Both parties need to know

1. litigation or further administrative adjudication generally costs more

   than ADR.

2. the ADR process is more flexible

3. should know that the outcome in other forums will be decided not by the parties but by a third person

4. while in ADR the parties maintain considerable control over the

   process and decide their own outcome