The Use of Alternative Dispute Resolution in EEO Complaint Processing
The agency encourages the use of alternative dispute resolution
(ADR) at both the precomplaint and formal stages of the EEO complaint process.
EEO
and ADR staff will make every attempt to address EEO disputes as early as
possible after an AP contacts an NIH EEO official.
NIH ADR Resources
The NIH Office of the Ombudsman/Center for
Cooperative Resolution (OO/CCR) serves as the ADR provider for cases referred
through the EEO process for
all NIH Institutes and Centers. The ORS Center for Alternative Dispute Resolution
(CADR) serves as the ADR provider for ORS employees.
Definitions
Alternative Dispute Resolution (ADR) describes a variety of informal processes
for resolving conflicts that emphasize collaborative problem solving and
differ from traditional adjudication methods such as litigation, hearings,
and agency administrative processing and appeals. ADR offers the parties
the opportunity for an early, informal resolution of disputes in a mutually
satisfactory fashion. ADR methods include mediation, facilitation, conciliation,
and peer panels. ADR usually costs less and uses fewer resources than traditional
administrative or adjudicative processes, particularly processes that include
a hearing or litigation.
Mediation is the preferred and most-often used ADR process for EEO disputes because it can resolve EEO disputes quickly and to the satisfaction of all the parties involved. Mediation is the intervention in a dispute of an acceptable and impartial third party who has no decision-making authority. The objective is to assist the parties to voluntarily reach an acceptable resolution. The mediator facilitates a dialogue between the parties about the important issues. Mediation works best early in the dispute process, before parties develop strong attachments to their positions. When an AP elects ADR through EEO, the neutrals will typically use mediation. However, the neutral assigned to the case may recommend using another ADR process when appropriate.
Formal Rights and ADR
An AP does not waive
the right to continue with the formal EEO process by attempting ADR. If ADR
is unsuccessful, the dispute
may proceed to the Formal Complaint stage.
Participation in ADR
What to expect from ADR
Confidentiality
Roles
Settlement Agreements
COMMONLY ASKED QUESTIONS & ANSWERS