ALTERNATIVEALTERNATIVE DISPUTE DISPUTE RESOLUTIONRESOLUTION

(ADR)(ADR)

A better way for resolving A better way for resolving conflictconflict

One way to resolve a dispute!

A more modern form of dispute resolution!

ADR - The best way to resolve disputes.

Alternative Dispute Alternative Dispute ResolutionResolution

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

Alternative Dispute Alternative Dispute ResolutionResolution

ADR uses ADR uses

1. a trained neutral person, 1. a trained neutral person,

2. who is not associated with the problem, 2. who is not associated with the problem,

3. to help the parties resolve the dispute.3. to help the parties resolve the dispute.

Mediation DefinitionMediation Definition

Mediation is a Mediation is a procesprocess s whichwhich uses a trained uses a trained neutralneutral third party third party

called a mediator called a mediator to assist the disputing parties in to assist the disputing parties in

findingfinding a a mutuallymutually acceptable acceptable

solutionsolution. .

Taking controlTaking control

In a mediation, it is the disputing In a mediation, it is the disputing

parties who decide whether they parties who decide whether they

are ready to resolve their dispute.are ready to resolve their dispute.

ADR MEDIATION GROUP ADR MEDIATION GROUP LLCLLC

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

MEDIATIONMEDIATION

Emphasizes Emphasizes problem solvingproblem solving

NotNot

assessing blame.assessing blame.

MEDIATIONMEDIATION

Emphasizes the Emphasizes the futurefuture

NotNot

the present or the past.the present or the past.

The Mediation ProcessThe Mediation Process

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

Stage 1: Preliminary Stage 1: Preliminary ArrangementsArrangements

Upon receipt of the case to be Upon receipt of the case to be mediated, the mediator immediately mediated, the mediator immediately considers the considers the type of disputetype of dispute, the , the relationship of the partiesrelationship of the parties, and , and who who should be includedshould be included in the mediation. in the mediation.

Thoroughly plans to prevent confusion.Thoroughly plans to prevent confusion. Informs the parties that they are Informs the parties that they are

participating in a structured process and participating in a structured process and what they may expect.what they may expect.

Coordinates the times, dates, locations, Coordinates the times, dates, locations, and seating arrangements. and seating arrangements.

Stage 2: The Introductory Stage 2: The Introductory StatementStatement

Explains the mediation processExplains the mediation process

Establishes the ground rules Establishes the ground rules

soliciting input from the parties soliciting input from the parties

Explains the use of a private Explains the use of a private

session (caucus)session (caucus)

Stage 3: Initial Stage 3: Initial StatementsStatements

Provides parties an opportunity to present Provides parties an opportunity to present

their sides of the story without interruption. their sides of the story without interruption.

Both parties are encouraged to Both parties are encouraged to listen to listen to

understandunderstand during the other party’s during the other party’s

statement (possibly for the first time) and to statement (possibly for the first time) and to

take notes on important issues.take notes on important issues.

Stage 4: Two-way Stage 4: Two-way ExchangeExchange

Parties express feelings and emotions to Parties express feelings and emotions to each other in a productive and positive each other in a productive and positive manner.manner.

Parties ask and answer each others’ Parties ask and answer each others’ questions.questions.

Information gaps are filled. Information gaps are filled.

Stage 5: Issues and Stage 5: Issues and ClarificationClarification

Parties and mediators Parties and mediators uncover the motivating uncover the motivating interests of each position.interests of each position.

Parties “frame the issues.”Parties “frame the issues.” ““Hidden agendas” uncovered.Hidden agendas” uncovered. Mutual interests are Mutual interests are

identified.identified. Mediators reaffirm the Mediators reaffirm the

interests, not the positions of interests, not the positions of the parties..the parties..

Stage 6: Settlement Stage 6: Settlement AgreementAgreement

Most mediations warrant a written Most mediations warrant a written settlement agreement signed by the settlement agreement signed by the parties.parties.

Written agreements should be Written agreements should be specificspecific: : WHO, WHAT, WHEN, WHERE, AND HOW.WHO, WHAT, WHEN, WHERE, AND HOW.

Always give the written agreement a Always give the written agreement a “reality check.”“reality check.”

Mediation & Workplace Mediation & Workplace DisputesDisputes

Mediation is an effective tool for resolving workplace Mediation is an effective tool for resolving workplace

disputes. If you have a disagreement with your disputes. If you have a disagreement with your

supervisor or your co-worker, going to work every daysupervisor or your co-worker, going to work every day

can be a very unpleasant experience If you can avoidcan be a very unpleasant experience If you can avoid

hostility and adversarial relations with those you workhostility and adversarial relations with those you work

with, your workplace will be a better place to work.with, your workplace will be a better place to work.

Mediation is less threatening than traditional disputeMediation is less threatening than traditional dispute

resolution processes. It provides the parties theresolution processes. It provides the parties the

opportunity to listen to one another and to come upopportunity to listen to one another and to come up

with creative solutions to their problems.with creative solutions to their problems.

How do I ask for a How do I ask for a mediation?mediation?

There are several ways you can access your facility’sThere are several ways you can access your facility’s

mediation program. mediation program.

1. You can contact your facility’s ADR Coordinator 1. You can contact your facility’s ADR Coordinator and request a mediation.and request a mediation.

2. You can request a mediation by contacting an 2. You can request a mediation by contacting an Office of Resolution Management counselor.Office of Resolution Management counselor.

3. You can contact your local union. 3. You can contact your local union.

When can I ask for a When can I ask for a mediation?mediation?

You can ask for a mediation at any You can ask for a mediation at any time.time.

In fact, the earlier you ask for aIn fact, the earlier you ask for a

mediation, the better. If you let amediation, the better. If you let a

problem fester and go on, positionsproblem fester and go on, positions

harden and emotions heighten makingharden and emotions heighten making

resolution that more difficult.resolution that more difficult.

Are there any time limits I Are there any time limits I should be aware of?should be aware of?

Yes. If you have a discrimination dispute, you must Yes. If you have a discrimination dispute, you must

contact an ORM EEO Counselor within 45 days of thecontact an ORM EEO Counselor within 45 days of the

date the dispute arose. Contacting your facility”s ADR date the dispute arose. Contacting your facility”s ADR

coordinator or EEO and Affirmative Employment coordinator or EEO and Affirmative Employment

Program Specialist Program Specialist does notdoes not meet the 45 day meet the 45 day

notification requirement.notification requirement.

Choosing to use mediation extends the pre-complaint Choosing to use mediation extends the pre-complaint

processing period up to 90 days. If the dispute is notprocessing period up to 90 days. If the dispute is not

resolved within the 90 day period, a notice of the rightresolved within the 90 day period, a notice of the right

to file a formal complaint will be issued.to file a formal complaint will be issued.

MSPB gives an automatic extension (fromMSPB gives an automatic extension (from

30 to 60 days) to file an MSPB appeal30 to 60 days) to file an MSPB appeal

when the Agency and the employee when the Agency and the employee

agree in writing to use an ADR process toagree in writing to use an ADR process to

try and settle their dispute. MSPB try and settle their dispute. MSPB

appeals apply to certain agencyappeals apply to certain agency

actions such as removal, reduction in actions such as removal, reduction in

pay or grade, suspension for more than pay or grade, suspension for more than

14 days and other designated actions.14 days and other designated actions.

Regardless of the type of personal dispute Regardless of the type of personal dispute

being mediated, the goal of a mediation is tobeing mediated, the goal of a mediation is to

have the parties sign a written agreementhave the parties sign a written agreement

resolving all issues in dispute. Remember, resolving all issues in dispute. Remember,

litigation often does not resolve the real litigation often does not resolve the real issuesissues

underlying a dispute. Mediation can and doesunderlying a dispute. Mediation can and does

because the parties focus less on blame andbecause the parties focus less on blame and

more on resolution. Even without an agree-more on resolution. Even without an agree-

ment, mediations often help the individuals inment, mediations often help the individuals in

conflict at a minimum by opening lines ofconflict at a minimum by opening lines of

communication in discussing the dispute andcommunication in discussing the dispute and

possible solutions.possible solutions.

How long will the How long will the mediation process take?mediation process take?

There is no set time period for how long a There is no set time period for how long a mediation mediation

session lasts -- most last 4 to 8 hours. The session lasts -- most last 4 to 8 hours. The mediator ormediator or

any party can terminate the mediation at any time any party can terminate the mediation at any time if heif he

or she feels the mediation is not working. If a or she feels the mediation is not working. If a

mediation ends without a resolution of the dispute, mediation ends without a resolution of the dispute, thethe

complaint process proceeds as if no mediation complaint process proceeds as if no mediation occurred.occurred.

You’re in control.You’re in control.

Remember, mediation affords the parties in Remember, mediation affords the parties in conflict withconflict with

an opportunity to craft a creative solution that an opportunity to craft a creative solution that bestbest

meets their needs. The only limitation is that themeets their needs. The only limitation is that the

agreement cannot violate any law, regulation, agreement cannot violate any law, regulation, meritmerit

principles or any applicable labor agreements.principles or any applicable labor agreements.

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 other’s willingness to try to work things out.Even without an agreement, mediations often help Even without an agreement, mediations often help the individuals in conflict at a minimum by opening the individuals in conflict at a minimum by opening lines oflines ofcommunication in discussing the dispute and communication in discussing the dispute and possible solutions.possible solutions.

So, where do you go from here?So, where do you go from here?

If you are an employee with a complaint, proposeIf you are an employee with a complaint, propose

mediation. If you are a supervisor, suggest mediationmediation. If you are a supervisor, suggest mediation

either when complaints are made against you or wheneither when complaints are made against you or when

you see a problem start to surface (remember, youyou see a problem start to surface (remember, you

don’t have to wait until someone else mentions it first).don’t have to wait until someone else mentions it first).

Mediation is flexible, opens lines of communication,Mediation is flexible, opens lines of communication,

helps salvage ongoing work relationships, and gives you helps salvage ongoing work relationships, and gives you

control in the outcome of your complaint. Try control in the outcome of your complaint. Try

mediation. You might like it.mediation. You might like it.

Contact us for more Contact us for more informationinformation

ADR MEDIATION GROUP, LLCADR MEDIATION GROUP, LLC 450 N. Sam Houston Pkwy E. – Suite 224450 N. Sam Houston Pkwy E. – Suite 224 Houston, Texas 77060 – 3520Houston, Texas 77060 – 3520 Email: Email: mediator@adrmediationgroup.commediator@adrmediationgroup.com Phone: (281) 999-3094 or Fax: (281) 966-1824Phone: (281) 999-3094 or Fax: (281) 966-1824 Visit us at: http://www.adrmediationgroup.comVisit us at: http://www.adrmediationgroup.com

Promote the mediation process as an alternative Promote the mediation process as an alternative

dispute resolution technique for future issues.dispute resolution technique for future issues.