For more information call the EEO Office at

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Presentation transcript:

For more information call the EEO Office at 772-6565. Mediation Procedures Aggrieved person meets with an EEO Official EEO Office assigns pre-complaint to an EEO Counselor EEO Counselor completes initial interview ADR Team meets and confers on appropriateness of offering mediation If mediation is not offered, traditional counseling continues If mediation is offered and accepted, the EEO Office coordinates mediation Resolution: Negotiated Settlement Agreement No resolution: Notice of Right to File a Formal Complaint of Discrimination letter is issued Why ADR/Mediation? * Empowers parties to concentrate on solutions and resolve issues themselves * Encourages open communication * It is private, informal, speedy, and confidential * Avoids lengthy complaints processing * Improves future work relationships * It’s a win-win situation Headquarters U.S. Army Garrison Fort Drum, New York Equal Employment Opportunity Alternative Dispute Resolution Program “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them that the nominal winner is often a real loser in terms of fees, expenses, and waste of time”. ABRAHAM LINCOLN A voluntary and effective approach to address disputes within the EEO discrimination complaint process For more information call the EEO Office at 772-6565.

Who is involved in the process? Fort Drum’s Equal Employment Opportunity (EEO) Alternative Dispute Resolution (ADR) Program Who is involved in the process? ADR Team: The EEO Officer (EEOO), Labor Counselor, and Civilian Personnel Office Labor/Management Employee Relations Specialist. They review the issues raised, determine appropriateness for mediation, and identify the settlement/resolution official. Resolution Officials: Management officials who are authorized to engage in settlement/resolution discussions and execute settlement agreements. Mediators: Trained and certified impartial and neutral third parties, whose role is to facilitate the process with skill and fairness. When is mediation initiated? Mediation is usually offered no later than the 17th day after the aggrieved’s initial meeting with the EEO Counselor. The aggrieved will be given a three-day window to accept or reject the offer of mediation. If mediation is rejected, the EEO Counselor will continue the inquiry, conduct the final interview, and issue the Notice of Right to File a Formal Complaint of Discrimination letter. How does mediation work? Once the aggrieved chooses mediation, the EEO office will coordinate the session and extend the pre-complaint period an additional 60 calendar days. Mediation is usually scheduled to occur with 2-3 weeks after the date of acceptance. The mediation session usually lasts 1-2 hours in duration. A dispute may be resolved by voluntary withdrawal of the allegations by the aggrieved or by a settlement agreement. If an agreement is reached, the mediator will coordinate with the EEO office to obtain a written settlement. If issues remain unresolved, the EEO Counselor will conduct a final interview with the aggrieved and issues him/her a Notice of Right to File a Formal Complaint of Discrimination letter. What is the EEO’s ADR Program? A program that utilizes mediation as the preferred method for the early resolution of EEO pre-complaints. It’s goal is to achieve early, lasting resolutions which are mutually satisfactory to the parties without resorting to lengthy and costly litigation. What is mediation? A non-adversarial process whereby persons in dispute discuss possible resolutions with each other. The process is facilitated by the use of an impartial third party. The mediator assists in clarifying issues, identifying underlying causes, and reaching an agreement that is satisfactory to both parties. The mediator will protect confidentiality of the process and will not impose resolution on the parties. Who may participate? Department of Defense employees, applicants for employment, and former employees who initiate a pre-complaint on matters concerning their employment. Participation is voluntary for the aggrieved and mandatory for management.