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Office of Equal Opportunity & Civil Rights |
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Topics
Alternative Dispute Resolution Disability & Reasonable Accommodation |
Participating in ADR
CMS has an ADR program for EEO complaints in which you may agree to participate, in lieu of traditional EEO counseling. The ADR election must be in writing. If elected, ADR must be completed within 90 calendar days from your date of initial contact.
Unlike traditional counseling, ADR provides an interest-based means of addressing the matter. Mediation is the ADR process CMS uses to try and resolve EEO complaints. In mediation, a neutral third party assists the involved parties (employee and employer) in reaching a mutually acceptable outcome to issues in dispute. Mediation involves collaborative problem solving. Both parties through direct communication discuss the issues in dispute and explore options for resolution.
The purpose of mediation is to share information, explore different perspectives, promote mutual understanding, and construct an outcome that addresses all parties' needs and interests. Mediation is informal and confidential. Nothing said or done during attempts to resolve the complaint can be made the subject of an EEO complaint.
If the matter is resolved in mediation, the terms of the agreement must be in writing and signed by both you and the agency official. If the matter is not resolved in mediation, you will receive a Notice of Right to File a Formal Complaint of Discrimination.
