Alternative Dispute Resolution (Mediation) Guidelines

Responsibility

• Heads of Activities (EO/EEO Officer)?

1. Ensures adequate resources are allocated to support the Mediation Program.
2. Ensures mediation techniques are used to the maximum extent practicable to reduce expenditure of time, money, and resources. 
3. Periodically review the mediation program and take steps to foster the use of medication, including the elimination of unnecessary barriers.

• Human Resource Director

1. Advises managers, supervisors, and team leaders on mediation requirements and related issues. 
2. Ensures the mediation process is used to the maximum extent.
3. Review all preliminary drafts through finalization on Workplace ADR instructions, guidance, brochures, and articles.

• Command Deputy Equal Employment Opportunity Officer

1. Manages the mediation program. 
2. Ensures services of trained neutral mediators
3. Encourages the use of mediation for appropriate EO/EEO workplace disputes.
4. Develops mediation policies, procedures, and initiatives.
5. Evaluates program execution and results, provides information, and submit periodic reports on workplace disputes.
6. Define any barriers preventing the use of mediation.
7. Coordinates final settlement agreements.
8. Makes available facilities for mediation when needed.

• EEO Counselor will provide the aggrieved person with the following information concerning the process:

1. the definition of ADR and the mediation process;
2. an explanation of the stages in the EEO process or military grievance process which mediation is available.
3. an explanation of procedural and substantive alternatives;
4. an explanation of his/her rights and responsibilities {Encl (1)}
5. explain their rights to representation throughout the complaint process.
6. the timeframes involved in both the administrative process and the mediation process;
7. the assurance that the process is confidential, neutral, and enforceable;
8. provide a complete copy of the Mediation Intake Packet and assist in its completion;
9. forwards packet to the designated mediator;
10. provides administrative support to the disputant(s); and,
11. conducts a follow-up meeting with disputant(s) within 15 business days of the signed settlement agreement.  {Encl (2)}

• Managers and Supervisors must participate in mediation unless doing so would cause an undue hardship.  During mediation, act in good faith by actively listening, providing appropriate possibilities, being open to a variety of ideas to resolve disputes, complaints, and grievances when mutually acceptable to the parties.

• Disputant(s) and Respondent(s)

1. Voluntarily agree to use the mediation process and signs the Agreement to Participate and Confidential Mediation.
2. Participates in good faith during the process.
3. Presents information relevant to the allegation and participates in resolving the dispute.
4. Cooperates in settlement efforts and signs settlement agreement if agreement is reached.

• Dispute Resolution Center (NRSW) or Conflict Resolution and Mediation Center of Monterey County, or other certified mediators  {Encl (5)}

1. Refers qualified mediators to resolve disputes.
2. Ensures all mediators referred are certified and have knowledge of the Department of the Navy’s Alternative Dispute Resolution Program.
3. Designates in writing a mediator within two business days of receipt of the Mediation Intake Request Form.  {Encl (4) and (6)}
4. Conducts the official mediation session at a mutually agreed site, within five (5) business days from the assignment of a mediator, or otherwise agreed upon times.  {Encl (6)}
5. Ensures any and all settlement terms of the resolution agreement items are documented in accordance with DON or NPS’s standard settlement agreement.
6. Assures the aggrieved party that the mediation program is fair, confidential, neutral, enforceable and that they have the right to representation. {Encl (2)}
7. Ensures that the written agreement states clearly the terms of the resolution, contains procedures available under 29 CFR 1614.504 in the event NPS fails to comply with the terms of the resolution, and complies with EEOC’s Guidance on Non-waivable Employee Rights.
8. Provides a copy of the signed and dated settlement to all participating parties and to the CDEEOO within 24 hours after the last signature.