Mediation:
A Way Of Resolving Disputes
Mediation is a fast, relatively inexpensive way to resolve a dispute.
The Defense Logistics Agency has an Equal Employment Opportunity (EEO)
RESOLVE (Reach Equitable
SOLutions Voluntarily
and Easily) Program. This
EEO RESOLVE Program will utilize mediation to quickly resolve complaints
during the informal stage of the EEO Complaint Process. The EEO RESOLVE
Program does not replace the current EEO Complaint function, rather
it is designed to enhance the current process.
A mediator is a
trained professional in conflict resolution specifically, the mediation
process. The mediator serves as an impartial party and does not take
sides or render a decision on the merits of the dispute. Mediation offers
both the complainant and the responsible management official:
- An opportunity
to be heard.
- An opportunity
to develop new ways of dealing with a dispute.
- The opportunity
to create their own solution(s).
What Happens
in an EEO Mediation
The mediation process begins with an INTRODUCTION where the mediator
describes the ground rules for engaging in the mediation session. The
matter prompting the complaint (dispute) is described, both parties
to the dispute provide information on the situation from their personal
perspective.
After each party
has had the opportunity to speak, the mediator may ask questions to
clarify or elaborate the matter(s) discussed. This is done in a JOINT
SESSION with the parties present. The mediator may continue with a series
of private meetings (CAUCUSES) where the mediator explores various options
for resolving the dispute. During a caucus, each party has the chance
to suggest possible solutions to the conflict.
A Mediation Session is Confidential
All conversation and materials produced during a mediation session arc
strictly confidential. The mediator does not disclose or discuss with
anyone outside of the mediation session anything that occurred between
the parties. The parties agree in writing not lo disclose any information
regarding what happens in the mediation session without the consent
of the mediator AND the other party. Moreover, each party agrees in
writing not to request the mediator or the other party to testily regarding
statements made in the mediation session.
Mediation
Is Not Litigation
As stated earlier, a mediator does not determine who is right or wrong.
Both points of view are valid and the parties work together to create
their own solution. Mediators do not provide legal advice. However either
party may have a representative or legal counsel present during the
mediation session.
Mediation
Is Not EEO Counseling or EEO Investigation
The mediation process acknowledges the emotional issues in a conflict
and focuses on finding a workable solution to the dispute rather than
focusing on the causes or who is at fault. Participation in a mediation
session assists the parties in resolving problems in a constructive
manner. Mediation saves both parties the time, expense and emotional
distress of living with unsolved conflict! in tile workplace. Mediation
promotes a renewed, positive working relationship between the parties
and enables the mission of the agency to be accomplished without prolonged
disruption.
Resolution:
A Written Agreement
Mediation does not favor the complainant or management, but rather,
facilitates resolution of a dispute in a manner that is satisfactory
to both the complaining party and the Agency. When the parties agree
on a mutually acceptable solution to the dispute, the agreement is recorded
in writing by the mediator and all parties sign the agreement. This
document reflects that the informal EEO complaint is resolved. However,
when there is no resolution, this too is documented and the complainant
has the right to continue with the formal complaint process. All agreement
reached in mediation has the same effect as any other settlement agreement
through the EEO complaint process, i.e., the agreement is binding on
the parties and enforceable.
Who Can
Initiate Mediation
An employee who contacts an EEO Counselor regarding his/her belief that
an action or situation in the workplace occurred due to unlawful discrimination
will be advised of the EEO RESOLVE Mediation Project. If the employee
elects to have his/her concern(s) mediated, the case will be evaluated
by the EEO Office to determine whether mediation is appropriate. Thereafter,
the employee will be immediately advised of when the mediation session
will be scheduled.
A supervisor or
manager, may also refer parties to the EEO Office to explore possible
mediation of an EEO related workplace dispute.
Termination
of Mediation
Mediation is a voluntary procedure. Any party may withdraw from the
mediation at anytime with appropriate written and verbal notice to the
Equal Employment Manager and Agency Commander. Participation in a mediation
session does not affect a complainant's right to file a formal complaint.
For further information on the DLIS/DRMS - EEO RESOLVE Program Contact
the DLIS/DRMS EEO Team.
Phone: (269)
961-4002
DSN: 661-4002
Fax: (269) 961-5168
Fax DSN: 661-5168
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