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Alternative Dispute Resolution (ADR) Program for EEO Complaints

WHAT IS ALTERNATIVE DISPUTE RESOLUTION (ADR)?

ADR encompasses a variety of processes that provide alternatives to the traditional investigative and litigate processes in resolving disputes. ADR is generally characterized by informality, flexibility and control by the parties in the dispute. The Centers for Medicare and Medicaid (CMS) ADR Program for EEO complaints provides for the use of mediation in attempting to resolve EEO allegations of discrimination during the pre-complaint (informal) and formal stages of the EEO complaints.

WHAT IS MEDIATION?

Mediation is a voluntary problem-solving process that helps two or more individuals explore ways to resolve differences and to reach agreement that best addresses their interests. The mediation process uses a neutral third party known as a mediator to facilitate conflict resolution. Mediation can promote a renewed positive working relationship between the parties. The objective of mediation is to reduce the cost and time associated with the processing of EEO complaints.

WHAT ABOUT CONFIDENTIALITY?

All parties who participate in the mediation must agree not to disclose any information shared during mediation session(s). Accordingly, all conversations and materials produced during the mediation session(s) are strictly confidential. No recording devices are used and notes will be destroyed.

WHO IS THE MEDIATORS/CO-MEDIATORS?

CMS will primarily select mediators from the Shared Neutrals Interagency Program, a cadre of trained mediators from Federal Government Agencies. All mediators are trained in conflict resolution. In CMS mediation there may also be a co-mediator. The mediator(s) serves as a neutral in assisting the parties to resolve the dispute and does not take sides or render a decision on the merits of the dispute.

WHAT HAPPENS IN A MEDIATION?

Mediation gives the parties the opportunity to discuss the issues raised in the dispute, clear up any misunderstandings, determine the underlying interests or concerns, find areas of agreement and incorporate them in a settlement agreement. The settlement agreement is binding on the Agency and Complainant, the parties in the dispute.

If an agreement is not reached, the dispute is then processed through the EEOC's administrative process. See 29 C. F. R. 1614

WHAT CASES ARE COVERED BY THE MEDIATION PROGRAM?

CMS's ADR program covers EEO complaints initiated by employees, former employees and applicants for employment. This includes bargaining and non-bargaining employees. All requests for mediation must be approved by the Director, Office of Equal Opportunity and Civil Rights (OEOCR).

WHO CAN REQUEST MEDIATION?

At CMS, mediation can be requested by an employee, former employee, applicant or recommended by a management official, EEO counselor or the Director, OEOCR.

FOR MORE INFORMATION CONTACT:
Director,
Office of Equal Opportunity and Civil Rights
Centers for Medicare and Medicaid Services
N2-22-16
7500 Security Boulevard
Baltimore, MD 21244-1850