ADR Technique: Multiple Techniques

How the ADR System Works
The Department of Agriculture's Conflict Prevention and Resolution Center was established in 1998, and has a two-part focus. First, it spearheads efforts to ensure that supervisors and managers throughout the Department receive appropriate training and other assistance to improve their skills in conflict resolution. Second, it develops policy and programs to ensure that a full range of ADR techniques are available for resolving workplace and program conflicts. The primary ADR approach currently in use in the Department is mediation, although current efforts are looking to utilize other ADR techniques.

Background/Objective
In February, 1997 a report looking at civil rights issues throughout the Department described an unsatisfactory and overloaded EEO complaint system, and cited inadequate progress in making ADR available to resolve workplace conflicts of all kinds. The report found that a coordinated Departmental ADR and conflict management effort was needed. It cited the need to address conflicts at the earliest stages, before the formal dispute resolution systems become involved. The team implementing the report recommended the creation of a centralized conflict resolution office, and that it not be attached to civil rights or human resources -- the offices traditionally responsible for workplace dispute resolution -- to ensure neutrality. The Center is part of the Office of Planning and Coordination under the Assistant Secretary for Administration.

In January 1999, the Secretary established an ADR Working Group. The working group is comprised of senior level officials from each agency/mission area and national union representatives, and is subdivided into smaller groups focusing on such issues as qualifications of neutrals, marketing of ADR, education, evaluation and tracking, agricultural mediation, and ADR in other program disputes. The senior level officials on the working group have become USDA's ADR champions. Products created out of the working group include: an ADR awareness video, which is also available through video streaming; an ADR Factsheet, soon to be distributed to all USDA employees; standards for neutrals; evaluation and tracking criteria; and procedures for use of ADR in contract disputes and other program disputes. All USDA agencies are scheduled to have ADR programs in place for their employees by June 2000.

Duration/Current Activity
The Center issued policy and is laying the groundwork for a Department-wide shared neutrals program, finalizing Department-wide training guidance and modules, providing some direct ADR services and developing ADR regulations. The Center is actively involved in providing guidance and assistance to agencies with implementation and operation of their ADR programs.

Rules Governing the Activity
The current policy, issued March 23, 2000, expands parameters and guidance for the use of ADR in workplace and program disputes, and offers general guidelines governing the use of ADR within the Department. The policy outlines the roles and responsibilities of Subcabinet Officials and Agency Administrators, the General Counsel and the Center.

Contact
Jeffrey Knishkowy, Director, USDA Conflict Prevention and Resolution Center 1400 Independence Avenue, Mail Stop 9407, Washington, D.C. 20250-9407, or visit us at: 501 School Street, SW, Room 300; Phone: (202) 720-7664; Fax: (202) 720-8848; E-mail: jeff.knishkowy@usda.gov and website: http://www.usda.gov/cprc/

ADR Techique: Mediation

How the ADR System Works
The Conflict Prevention and Resolution (CPR) Program provides mediation, conflict management and resolution services on a worldwide basis to all agency employees. It provides participants an alternative to more formal avenues of redress available. Referrals to mediation are accepted from a party to a conflict or from a third party. A mediator is selected from among the 6 staff mediators, the few collateral duty mediators in the agency, or from one of the many international Shared Neutrals programs. All costs associated with CPR services are born by the CPR Program. The agency assures adequate annual funding for services provided upon request. Mediation sessions are conducted offsite, when possible, and minimal records are maintained. In addition to one-on-one mediation services, the CPR staff provides multi-party mediations, consultation and on-point training. This Program also provides specially designed conflict management and communication skills workshops for agency employees, team leaders, intact work teams and supervisors and are included in agency training workshops.

Background/Objective
The CPR Program was developed in 1996 in response to employee surveys that identified the willingnes of employees to use alternative dispute resolution and identified the types of disputes occurring in the APHIS workforce. The Program goals include: (1) create an environment of open communication, (2) resolve concerns informally within shortened time frames, (3) build the capacity for employees to take responsibility for and learn from the resolution of conflicts, (4) provide opportunities for a wider range of creative solutions in the resolution of disputes, and (5) strengthen the ability of the agency to carry out its mission.

Duration/Current Activity
Resolution during the last 18 months is at 100%, about 1500 people are trained in conflict management and communication skills and interviews indicate a significant number of complaints and grievances were avoided as a result of mediation. When the parties are available, the CPR Program provides services within 2 weeks of initial contact. The CPR Program aids other USDA agencies as they establish ADR programs.

Rules Governing the Activity
The CPR staff works closely with the Labor Relations, Employee Relations, Internal Investigations, Prevention of Violence in the Workplace, and Employee Assistance Programs before providing mediation services. Participation in CPR mediations is voluntary and no agreement is entered into unless both parties agree to the terms. Agreeing to mediation, an employee does not give up his/her right to file a formal complaint or grievance within the appropriate time frames. However, both administrative and negotiated grievance time-frames may be tolled with agreement by appropriate parties.

Contact
Juanda Rogers, Director, Conflict Prevention and Resolution Program, APHIS, 4700 River Road, Unit 25, Riverdale, MD 20737;Telephone: (301) 734-4950; FAX: (301) 734-4938; Email: juanda.b.rogers@usda.gov.

ADR Technique: Ombuds/Mediation

How the ADR System Works
Most employees who work for the Food Safety and Inspection Service (FSIS) work as Federal Inspectors in privately owned meat and poultry slaughter and processing plants with limited telephone access. Therefore, the Voluntary= Dispute Intervention Program (VDIP) established two toll free lines that employees can use from any telephone to raise any kind of workplace complaint or concern. Program staff serve as ombuds for many types of problems raised, explaining policies and procedures, or referring the issue to the right office. Trained, collateral-duty mediators are available to assist in resolving disputes. After each mediation, the parties receive follow-up calls to assess the success of the resolution and assist with any problems.

Background/Objective
An agency task force was formed in 1996 to explore the use of mediation in dealing with workplace conflict. The task force involved union and management, and headquarters and field employees, to involve the broadest possible mix of stakeholders.

Duration/Current Activity
Currently, the program accomplishes about one formal mediation every two weeks, with 18 collateral duty mediators in the field, and 8 in headquarters. Feedback is received from participants through follow-up calls and postcard evaluation questionnaires they send to the policy office. Reviews have been positive. The staff is developing criteria for mediator selection, and has developed a one-day course in conflict management.

Rules Governing the Activity
Mediators are currently chosen from training, EEO, and labor and employee relations staffs. Additionally, all union Council presidents have been trained and have the option to serve as mediators, as do presidents of other employee organizations. All mediators receive training from a single provider. Cases involving allegations of serious misconduct or criminal activity are not accepted for mediation. If the union is involved in any way in a dispute, the appropriate council president has veto power over proposed mediation (though most view the program favorably).

Contacts
Milo Christianson, Butler Square West, 4th Floor, 100 N. 6th Street, Minneapolis, MN 55403; Telephone: (612) 370-2010, ext. 2539; FAX: (612) 370-2070. Kathy Welsh, Washington, DC; Telephone: (202) 720-2683; FAX: (202) 690-3938.

ADR Technique:- Multiple Techniques

How the ADR System Works
The Forest Service's Early Intervention Program (EIP) provides mediation and facilitation services on a nationwide basis to all agency employees. The Forest Service's 35,000 employees are responsible for managing 192 million acres of forest, grassland, and aquatic ecosystems. As the largest agency within the Department of Agriculture, the Forest Service also has the greatest number of discrimination complaints, which number in the hundreds yearly. The EIP was developed as an alternative method for employees to address working relationship problems, some of which lead to the filing of discrimination complaints. There are both internal and external mediators available. Presently, about 70 Forest Service employees have been trained and have experience in helping resolve a variety of workplace conflicts. Externally, mediators can be obtained from other USDA agencies, Federal Executive Boards, or from private mediation services.

Background/Objective
The EIP grew out of increasing dissatisfaction with the other, more formal systems for resolving workplace disputes, primarily the grievance and complaint processes. These processes can be slow, adversarial, and often do not address the underlying causes of the conflict. EIP, on the other hand, is relatively fast and non-adversarial, and the parties directly involved in the conflict are instrumental in its resolution. A mediator assists the parties in crafting an agreement that specifically addresses their problems in working together. Conceived originally as a process for dealing with any type of workplace dispute, EIP has an expanded role as the ADR resource for mediations of discrimination complaints.

Duration/Current Activity
The EIP has been fully implemented nationwide. The resolution rate for the EIP has consistently been over 80%, and the time elapsed from intake to mediation has averaged 21 days. The average cost for a mediation that lasts from 4-6 hours is about $1,000 when an internal mediator is used, and about $1,500 for an external mediator. In Fiscal Year 1999, 459 contacts were made to the EIP. Of that number, 183 mediations were held.

Rules Governing the Activity
Participation is voluntary for all parties, although management is normally expected to participate. By agreeing to mediation, the employee does not relinquish the right to file a complaint or grievance, and the manager does not give up any authorities. Cases involving serious misconduct or criminal activity may not be appropriate for mediation through the EIP.

Contact
Dale Gentry, Manager, National Early Intervention Program, Forest Service, 201 14th Street, SW, Washington, DC 20250; Telephone: (703) 605-4576; Fax: (703) 605-1566; email: dgentry@fs.fed.us

ADR Technique: Multiple Techniques

How the ADR System Works
Through the National Finance Center's (NFC) Conflict Prevention and Resolution Program (CPRP), disputing parties can quickly and informally resolve their conflicts using a variety of alternative dispute resolution approaches. Any employee, supervisor, manager or the NFC Director can initiate a request for alternative dispute resolution assistance when he/she feels that there is an issue/concern where a neutral third party would be of assistance or upon referral by NFC's EEO Counselor in lieu of the traditional counseling activities during the pre-complaint processing stage of the EEO Complaint Process. The program offers a combination of conciliation and/or mediation: (a) Internal Conciliation: using Conflict Management Specialists (CMS) who are members of the Workforce Services Staff (WSS). The staff serves as an independent extended arm of the NFC Director, with the staff's Chief serving as an ombudsman and chief administrator of the agency's CPRP. The staff's primary role is to work closely with managers, supervisors, and employees to resolve disputes at their earliest stages and to assist in the development of a variety of programs and activities designed to prevent and/or manage conflict. The program also uses Conciliators, a group of trained NFC managers with proven resolution skills, who serve as internal conciliators under a collateral assignment. They are assigned to work with disputing parties to clarify issues and assist in identifying interest-based solutions. They provide additional assistance by participating in the formal mediation process as an objective third-party on unresolved cases, to continuously encourage resolution and ensure that solutions meet the interest and needs of both parties. (b) Mediation: as a voluntary process, which typically occurs after unsuccessful efforts at resolving conflict using conciliation. The disputing parties may choose internal or external mediators to assist in resolving the dispute.

Background/Objective
In October 1997, the NFC instituted a "Morale Improvement Program" by establishing the Workforce Service Staff (WSS) whose core functions entail eliminating the causes of low morale by putting in place an effective, expeditious process for informally resolving any type of conflict that may arise in the workplace, and instituting new programs or improving existing programs to significantly improve morale. The WSS Chief is charged with not only providing an informal arena to resolve formal employee grievances, appeals and complaints, but to simultaneously eliminate the source of the problems at the root cause, by using a wide variety of conflict prevention and resolution approaches, including ADR, to make the agency's resolution efforts more efficient and effective.

While some components of the CPRP offer dispute resolution through corrective action or remedial measures, other programs focus on prevention through re-education processes, and recognizing and awarding employees who accept the challenge to improve employer-employee relationships. Some early intervention and prevention programs are: The NFC-Inclusion University whose primary purpose is to increase diversity awareness through a semester based self-education program which incorporates facilitated dialogue sessions, which in turn, increase management and employee communication competencies. Participants receive credit for their studies which count towards a special agency degree at either the Associate, Bachelor, Master, or Doctorate level. The Work Environment Analysis Program can prevent multiple complaints in a work area from occurring. The process may be invoked by employee, supervisor, manager, or by the NFC director requesting assistance from the WSS to initiate a review of an entire organization in order to resolve group issues of concern that may be negatively affecting morale and productivity before they become (multiple) complaints. The Work Unit Appreciation Program recognizes work units as they steadily progress as a motivated team and improve the morale and productivity of their organization. The employees conduct self-evaluations of their respective work units and recognition is based on their collective assessment. Other programs such as the Discipline Prevention Program and the Mentor Program are developed and awaiting implementation. All of these programs are innovative in scope and they challenge and expand the very definition of alternative dispute resolution.

Duration/Current Activity
Since the WSS was established in October 1997, approximately 82% of all cases that were processed through the CPRP were either resolved through conciliation, mediation, or withdrawn without further action. As a result of the WSS conciliation, all previous ULPs were resolved, and only 4 have been filed since the establishment of WSS; of those filed, 3 were resolved in the conciliatory stage by the WSS. Only one ULP remains unresolved. Additionally, the NFC experienced a 31 percent reduction of the number of EEO complaints over a period of 15 months.

Rules Governing the Activity
The election to use conciliation and/or mediation is voluntary on the part of the aggrieved employee. However, agency supervisors and managers have a duty to cooperate in the ADR process once it has been determined that it is a matter appropriate for ADR. The American Federation of Government Employees, Local 2341 has entered into a labor/management partnership agreement wherein the parties jointly agree to initially offer and use the NFC's CPRP, namely internal conciliation, external mediation, and the services of the CMS to settle concerns/conflicts of bargaining unit employees. The program is governed by policies and procedures set by the agency.

Contact
Donald R. Lewis, Chief, Workforce Service Staff, National Finance Center, Office of the Chief Financial Officer, United States Department of Agriculture, P.O. Box 60,000, New Orleans, LA 70160; Telephone (504) 255-5624; Fax (504) 255-5089; Email: donald.lewis@usda.gov

How the ADR System Works
The Natural Resources Conservation Service (NRCS) ADR Program serves as the focal point for early intervention/resolution of workplace and program disputes. The program also works closely with the Office of Civil Rights and Human Resource Management and provides ADR services in support of the EEO complaint and grievance processes. In an effort to provide educational opportunities, the program developed and offers conflict management training designed to help supervisory and non-supervisory employees enhance their current ability to manage conflict.

The ADR program was established through the support of National Leadership and program design was developed and recommended by a design committee comprised of members from labor, management, and employees from various disciplines throughout the country.

Background/Objective
The purpose of the ADR Program is to resolve workplace and program disputes early; improve working relationships with and among employees, customers and partners; save time and resources; and create mutual agreements.

Duration/Current Activity
The NRCS ADR Program was implemented agency-wide in June 2000. The diverse staff of 5 is complemented by 20 collateral duty mediators located at headquarters and in field locations throughout the U.S. The program uses both internal and external mediators. Policy is in place, a web-site has been established, briefings are ongoing, and conflict management training workshops complement the program.

Rules Governing the Activity
There are few rules. Participation in ADR is completely voluntary. By participating in ADR, employees do not give up the right to file a formal complaint or grievance.

Contact
Elly D. Cleaver, Director, NRCS ADR Program, 5601 Sunnyside Avenue, 1-2134,
Beltsville, MD 20705-5471; Telephone: (301) 504-2287; Fax: (301) 504-2176; Email: elly.cleaver@usda.gov.

ADR Techniques: Mediation

How the ADR System Works
The Cooperative Resolution Program (CRP) is an ADR Program that has been implemented in the Research, Education, and Economics (REE) mission area. The CRP is a voluntary, non-adversarial approach for employees, supervisors, and managers to handle conflict in the workplace. Disputes that arise in the workplace often are the result of miscommunication or a difference in perception. Through the assistance of a mediator, who serves as a neutral, the parties have an opportunity to be heard and to create their own resolution to the situation. CRP seeks to find a workable solution to the dispute and promotes a positive working relationship between the parties. The CRP is preventive -- resolving differences in a cooperative approach by working together to craft mutually agreed upon solutions to resolve the differences.

Background/Objective
Passage of the Administrative Dispute Resolution Act and publication of Vice President Gore's Report of the National Performance Review were the two catalysts for creation of the program. Emphasis is on building communication and improving working relationships, which will prevent future conflict. The CRP focuses not on blame, but looking at the future.

Duration/Current Activity
Emphasis is being placed on conflict management training for all employees. The Program Manager developed and presents a conflict management class to REE employees nationwide. The training is an opportunity to provide an understanding of the sources of conflict, identify ways of settling conflict, and develop communication techniques to prevent conflict. The training also discusses the Cooperative Resolution Program and how it can help in building communication and prevent conflict from escalating.

Rules Governing the Activity
The Secretary of Agriculture established the Department of Agriculture's policy on the use of Alternative Dispute Resolution, on March 23, 2000, to resolve workplace and program disputes within USDA. Any employee in the REE mission area may request a mediation. Employees may have a union representative or an attorney present during mediation if requested.

Contacts
Patricia Frick, Program Manager, REE Mission Area Cooperative Resolution Program, 5601 Sunnyside Avenue, Beltsville, MD 20705-5102; Telephone: (301) 504-1450; FAX: (301) 504-1375; Email: pfrick@ars.usda.gov; Tracy Cohen, Program Specialist; Telephone: (301) 504-1352; FAX: (301) 504-1375; Email: tcohen@ars.usda.gov or Debra Griffin, Program Assistant; Telephone: (301) 504-1460; FAX: (301) 504-1375; Email: dgriffin@ars.usda.gov; Web site address: www.ars.usda.gov/afm2/coopres/