ALTERNATIVEALTERNATIVE DISPUTE DISPUTE RESOLUTIONRESOLUTION

(ADR)(ADR)

A better way for resolving A better way for resolving conflictconflict

One way to resolve a dispute!

A more modern form of dispute resolution!

ADR - The best way to resolve disputes.

Alternative Dispute Alternative Dispute ResolutionResolution

ADR is a group of processes that ADR is a group of processes that provide alternative ways for provide alternative ways for resolving disputes.resolving disputes.

Alternative Dispute Alternative Dispute ResolutionResolution

ADR uses ADR uses

1. a trained neutral person, 1. a trained neutral person,

2. who is not associated with the problem, 2. who is not associated with the problem,

3. to help the parties resolve the dispute.3. to help the parties resolve the dispute.

Mediation DefinitionMediation Definition

Mediation is a Mediation is a procesprocess s whichwhich uses a trained uses a trained neutralneutral third party third party called a mediator called a mediator to assist the disputing parties in to assist the disputing parties in

findingfinding a a mutuallymutually acceptable acceptable

solutionsolution. .

Taking controlTaking control In a mediation, it is the disputing In a mediation, it is the disputing

parties who decide whether they parties who decide whether they are ready to resolve their dispute.are ready to resolve their dispute.

ADR MEDIATION GROUP ADR MEDIATION GROUP LLCLLC

The mediator helps the parties craft The mediator helps the parties craft their own solutions to the problem. their own solutions to the problem. The mediator does not decide who The mediator does not decide who is right or who is wrong. Rather, is right or who is wrong. Rather, the mediator assists the parties in the mediator assists the parties in communicating with one another so communicating with one another so that the parties can arrive at a that the parties can arrive at a solution that bests meets both their solution that bests meets both their interests.interests.

MEDIATIONMEDIATION Emphasizes Emphasizes problem solvingproblem solving

NotNot

assessing blame.assessing blame.

MEDIATIONMEDIATIONEmphasizes the Emphasizes the futurefuture

NotNot

the present or the past.the present or the past.

The Mediation ProcessThe Mediation Process Mediation is a multi-stage process. Mediation is a multi-stage process.

Most mediations involve Most mediations involve introductions, story telling, joint introductions, story telling, joint and private meetings, problem-and private meetings, problem-solving and, finally, agreement solving and, finally, agreement writing.writing.

Stage 1: Preliminary Stage 1: Preliminary ArrangementsArrangements

Upon receipt of the case to be mediated, Upon receipt of the case to be mediated, the mediator immediately considers the the mediator immediately considers the type of disputetype of dispute, the , the relationship of relationship of the partiesthe parties, and , and who should be who should be includedincluded in the mediation. in the mediation.

Thoroughly plans to prevent confusion.Thoroughly plans to prevent confusion. Informs the parties that they are Informs the parties that they are

participating in a structured process and participating in a structured process and what they may expect.what they may expect.

Coordinates the times, dates, locations, Coordinates the times, dates, locations, and seating arrangements. and seating arrangements.

Stage 2: The Introductory Stage 2: The Introductory StatementStatement

Explains the mediation processExplains the mediation process Establishes the ground rules Establishes the ground rules

soliciting input from the parties soliciting input from the parties Explains the use of a private Explains the use of a private

session (caucus)session (caucus)

Stage 3: Initial Stage 3: Initial StatementsStatements

Provides parties an opportunity to present Provides parties an opportunity to present their sides of the story without interruption. their sides of the story without interruption.

Both parties are encouraged to Both parties are encouraged to listen to listen to understandunderstand during the other party’s during the other party’s statement (possibly for the first time) and to statement (possibly for the first time) and to take notes on important issues.take notes on important issues.

Stage 4: Two-way Stage 4: Two-way ExchangeExchange

Parties express feelings and emotions to Parties express feelings and emotions to each other in a productive and positive each other in a productive and positive manner.manner.

Parties ask and answer each others’ Parties ask and answer each others’ questions.questions.

Information gaps are filled. Information gaps are filled.

Stage 5: Issues and Stage 5: Issues and ClarificationClarification

Parties and mediators uncover Parties and mediators uncover the motivating interests of the motivating interests of each position.each position.

Parties “frame the issues.”Parties “frame the issues.” ““Hidden agendas” uncovered.Hidden agendas” uncovered. Mutual interests are identified.Mutual interests are identified. Mediators reaffirm the Mediators reaffirm the

interests, not the positions of interests, not the positions of the parties..the parties..

Stage 6: Settlement Stage 6: Settlement AgreementAgreement

Most mediations warrant a written Most mediations warrant a written settlement agreement signed by the settlement agreement signed by the parties.parties.

Written agreements should be Written agreements should be specificspecific: : WHO, WHAT, WHEN, WHERE, AND HOW.WHO, WHAT, WHEN, WHERE, AND HOW.

Always give the written agreement a Always give the written agreement a “reality check.”“reality check.”

Mediation & Workplace Mediation & Workplace DisputesDisputes

Mediation is an effective tool for resolving workplace Mediation is an effective tool for resolving workplace disputes. If you have a disagreement with your disputes. If you have a disagreement with your supervisor or your co-worker, going to work every daysupervisor or your co-worker, going to work every daycan be a very unpleasant experience If you can avoidcan be a very unpleasant experience If you can avoidhostility and adversarial relations with those you workhostility and adversarial relations with those you workwith, your workplace will be a better place to work.with, your workplace will be a better place to work.Mediation is less threatening than traditional disputeMediation is less threatening than traditional disputeresolution processes. It provides the parties theresolution processes. It provides the parties theopportunity to listen to one another and to come upopportunity to listen to one another and to come upwith creative solutions to their problems.with creative solutions to their problems.

How do I ask for a How do I ask for a mediation?mediation?

There are several ways you can access your facility’sThere are several ways you can access your facility’s mediation program. mediation program.

1. You can contact your facility’s ADR Coordinator 1. You can contact your facility’s ADR Coordinator and request a mediation.and request a mediation.

2. You can request a mediation by contacting an 2. You can request a mediation by contacting an Office of Resolution Management counselor.Office of Resolution Management counselor.

3. You can contact your local union. 3. You can contact your local union.

When can I ask for a When can I ask for a mediation?mediation?

You can ask for a mediation at any You can ask for a mediation at any time.time.

In fact, the earlier you ask for aIn fact, the earlier you ask for amediation, the better. If you let amediation, the better. If you let aproblem fester and go on, positionsproblem fester and go on, positionsharden and emotions heighten makingharden and emotions heighten makingresolution that more difficult.resolution that more difficult.

Are there any time limits I Are there any time limits I should be aware of?should be aware of?

Yes. If you have a discrimination dispute, you must Yes. If you have a discrimination dispute, you must contact an ORM EEO Counselor within 45 days of thecontact an ORM EEO Counselor within 45 days of thedate the dispute arose. Contacting your facility”s ADR date the dispute arose. Contacting your facility”s ADR coordinator or EEO and Affirmative Employment coordinator or EEO and Affirmative Employment Program Specialist Program Specialist does notdoes not meet the 45 day meet the 45 day notification requirement.notification requirement.

Choosing to use mediation extends the pre-complaint Choosing to use mediation extends the pre-complaint processing period up to 90 days. If the dispute is notprocessing period up to 90 days. If the dispute is notresolved within the 90 day period, a notice of the rightresolved within the 90 day period, a notice of the rightto file a formal complaint will be issued.to file a formal complaint will be issued.

MSPB gives an automatic extension (fromMSPB gives an automatic extension (from30 to 60 days) to file an MSPB appeal30 to 60 days) to file an MSPB appealwhen the Agency and the employee when the Agency and the employee agree in writing to use an ADR process toagree in writing to use an ADR process totry and settle their dispute. MSPB try and settle their dispute. MSPB appeals apply to certain agencyappeals apply to certain agencyactions such as removal, reduction in actions such as removal, reduction in pay or grade, suspension for more than pay or grade, suspension for more than 14 days and other designated actions.14 days and other designated actions.

Regardless of the type of personal dispute Regardless of the type of personal dispute being mediated, the goal of a mediation is tobeing mediated, the goal of a mediation is tohave the parties sign a written agreementhave the parties sign a written agreementresolving all issues in dispute. Remember, resolving all issues in dispute. Remember, litigation often does not resolve the real litigation often does not resolve the real

issuesissuesunderlying a dispute. Mediation can and doesunderlying a dispute. Mediation can and doesbecause the parties focus less on blame andbecause the parties focus less on blame andmore on resolution. Even without an agree-more on resolution. Even without an agree-ment, mediations often help the individuals inment, mediations often help the individuals inconflict at a minimum by opening lines ofconflict at a minimum by opening lines ofcommunication in discussing the dispute andcommunication in discussing the dispute andpossible solutions.possible solutions.

How long will the How long will the mediation process take?mediation process take?

There is no set time period for how long a mediation There is no set time period for how long a mediation session lasts -- most last 4 to 8 hours. The mediator session lasts -- most last 4 to 8 hours. The mediator

ororany party can terminate the mediation at any time if any party can terminate the mediation at any time if

heheor she feels the mediation is not working. If a or she feels the mediation is not working. If a mediation ends without a resolution of the dispute, mediation ends without a resolution of the dispute,

thethecomplaint process proceeds as if no mediation complaint process proceeds as if no mediation

occurred.occurred.

You’re in control.You’re in control.

Remember, mediation affords the parties in Remember, mediation affords the parties in conflict withconflict with

an opportunity to craft a creative solution that an opportunity to craft a creative solution that bestbest

meets their needs. The only limitation is that themeets their needs. The only limitation is that theagreement cannot violate any law, regulation, agreement cannot violate any law, regulation,

meritmeritprinciples or any applicable labor agreements.principles or any applicable labor agreements.

What happens if mediation does not result in an agreement?

ADR success rates are high (around 75%). However, if ADR fails, you simply return to whatever options you would have had before you tried ADR. You do not lose any rights. Even a “failed” mediation has benefits. Sometimes the issues have been narrowed, or relationships between the parties improved somewhat as each realizes the other’s willingness to try to work things out.Even without an agreement, mediations often help Even without an agreement, mediations often help the individuals in conflict at a minimum by opening the individuals in conflict at a minimum by opening lines oflines ofcommunication in discussing the dispute and communication in discussing the dispute and possible solutions.possible solutions.

So, where do you go from here?So, where do you go from here?

If you are an employee with a complaint, proposeIf you are an employee with a complaint, proposemediation. If you are a supervisor, suggest mediationmediation. If you are a supervisor, suggest mediationeither when complaints are made against you or wheneither when complaints are made against you or whenyou see a problem start to surface (remember, youyou see a problem start to surface (remember, youdon’t have to wait until someone else mentions it first).don’t have to wait until someone else mentions it first).

Mediation is flexible, opens lines of communication,Mediation is flexible, opens lines of communication,helps salvage ongoing work relationships, and gives helps salvage ongoing work relationships, and gives

you you control in the outcome of your complaint. Try control in the outcome of your complaint. Try mediation. You might like it.mediation. You might like it.

Contact us for more Contact us for more informationinformation

ADR MEDIATION GROUP, LLCADR MEDIATION GROUP, LLC 450 N. Sam Houston Pkwy E. – Suite 224450 N. Sam Houston Pkwy E. – Suite 224 Houston, Texas 77060 – 3520Houston, Texas 77060 – 3520 Email: Email: mediator@adrmediationgroup.commediator@adrmediationgroup.com Phone: (281) 999-3094 or Fax: (281) 966-1824Phone: (281) 999-3094 or Fax: (281) 966-1824 Visit us at: http://www.adrmediationgroup.comVisit us at: http://www.adrmediationgroup.com

Promote the mediation process as an alternative Promote the mediation process as an alternative dispute resolution technique for future issues.dispute resolution technique for future issues.