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Thursday, July 3, 2008

EEO looks to help resolve employee disputes swiftly

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By Tammi Brown
Equal Employment Opportunity Office
Alternative dispute resolution (ADR) is a term used to describe a variety of approaches to informally and confidentially resolve conflict rather than traditional administrative, litigious or adversarial methods. However, ADR does not displace those traditional processes. The preferred approach within Army is mediation.

Mediation is the intervention in a dispute or conflict with an acceptable, impartial, and neutral third party who has no authoritative, decision-making power, but is present to assist the concerned parties with reaching their own mutually acceptable settlement of the issues in the dispute.

A review of complaint data reveals that poor or ineffective communication is at the bottom of many on-the-job problems, and thus, at the heart of many Equal Employment Opportunity complaints.

Mediation is a method of bridging communication and resolving employee disputes swiftly (REDS). Moreover, it offers a forum that allows employees and management to freely express their issues and interests and discover points of commonality.

The REDS program at Walter Reed offers an alternative to the traditional EEO complaint process that often takes months and sometimes even years to resolve. Participants are given the opportunity to discuss the issues raised in the complaint and clear up misunderstandings. The purpose of the program is not to declare winners or loser, but to reestablish a harmonious relationship between disputing parties with a win-win outcome.

Why choose mediation?

Mediation is fast. It is inexpensive, and it resolves disputes at the lowest level possible. An added benefit is the opportunity for repairing workplace relationships that may have become damaged due to lack of communication and hurt feelings. Surveys have shown that when the disputing parties have the opportunity to air their emotional differences, it serves as a catalyst that allows the parties to step back from their positions and focus on resolving the conflict and getting back to accomplishing the mission.

Although conflicts are inevitable, disputes impede mission accomplishment and are costly to the organization. The average cost of an EEO complaint is about $40, 000, not including time and resources to process the complaint.

The process is informal and flexible, attorneys are not necessary. The parties have the right to have a designated representative present during the process, however because the goal is to get the parties talking to each other in a constructive manner, the aggrieved person and the management official are encouraged to speak for themselves.

Mediation is a confidential process. The mediators are not to disclose any information revealed during mediation. The sessions are not tape-recorded or transcribed and at the conclusion of the mediation, mediators destroy any notes taken during the session

The majority of mediations are completed in one or two sessions.

Finally, mediation is a process that the parties have full control over. The mediator is not a judge. Resolutions are not imposed on the parties; the parties determine the terms of any resolution agreement.

Almost any type of dispute can benefit from mediation. However, early intervention is paramount. Early mediation increases the understanding of the real problem. When situations are allowed to fester for prolonged periods, parties become entrenched and emotionally attached to their positions.

How REDS work?

Whenever there is an EEO dispute between the employee and management, the employee is encouraged to first seek a remedy by raising the problem through their supervisory chain. If that does not work, they should seek assistance through the EEO office.

After the initial contact with the EEO office, the employee will be given the option of mediation or participating in the traditional complaint counseling process. By electing to participate in mediation the employee authorizes an extension of the counseling process for up to an additional 60 calendar days. Participation in the REDS program is voluntary for the aggrieved employee and if elected by the aggrieved, becomes mandatory for the management official.

A neutral and impartial third party will be assigned and will facilitate discussion between the disputing parties. Mediators will proceed expeditiously to schedule the mediation session. The mediator will inform the parties of their rights, how the session will proceed, and assist them in drafting the resolution.

If a settlement is reached, a written agreement will be prepared and signed by both parties and the EEO dispute withdrawn. If a settlement is not reached, the employee will receive written notice of his/her right to file a formal complaint.

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