ADR Technique: Mediation

How the ADR System Works
The Air Force uses mediation as a technique to resolve all types of employment disputes. Emphasis is placed on early intervention, generally during the informal stages of processing. However, mediation is offered at any stage.

Background/Objectives
The Air Force was one of the first Federal agencies to use ADR beginning in 1989 with EEO complaints. Use has since been expanded to all types of disputes including negotiated and administrative grievances, unfair labor practice charges, and Merit System Protection Board appeals. Over 1,500 mediators have been trained including EEO counselors, personnel specialists, and management and union officials.

Duration/CurrentActivity
In Fiscal Year 96, of the total 2,269 civilian disputes mediated, 1,690 (74%) were resolved. The Air Force's Military Equal Opportunity Office, which handles military equal opportunity and treatment complaints, uses mediation to resolve these disputes. Air Force participates in the Department of Defense shared neutrals project which is administered by the Department of Defense Office of Hearings and Appeals.

Rules Governing the Activity
Participation in mediation is voluntary. Agreements are mutually acceptable to the parties. If no agreement is reached, the original dispute process continues. Discussions and settlement proposals are confidential and are not used to influence a decision if the process goes forward. Settlement agreements are reviewed by civilian personnel and legal staffs to assure regulatory and legal sufficiency.

Contact
Diane Wakeham, Lead Personnel Management Specialist, EEO, AFPOA/DPW, Work Force Appeals and Relations Division, 1040 Air Force Pentagon, Washington DC 20330-1040; Telephone: (703) 693-2700; FAX: (703) 693-2696; Email: diane.wakeham@dp.hq.af.mil or Vincent Johnson, Personnel Management Specialist, same address, telephone and FAX as above; Email: vincent.johnson@dp.hq.af.mil.

ADR Technique: Mediation/Arbitration

How the ADR System Works
The ADR program was developed to settle grievances, both the Negotiated Grievance Procedure (NGP) and the Administrative Grievance Procedure (AGP), Unfair Labor Practices and any other mutually agreed upon issue. Eight members of the bargaining unit and eight members of management were selected by their respective leadership. The sixteen-member team received training in dispute resolution. Team members serve for a minimum of two years. Each ADR request is heard by a four-member panel (2 management/2 labor) from members of the ADR team. Mediation is the primary goal of ADR, however if that fails arbitration through consensus settles the issue. Mediation/arbitration decisions of the panel are binding on all parties.

Background/Objective
The program was designed to implement a problem-solving process that would prevent and resolve typical workplace disputes before they escalate. The goal is to reduce conflict and channel it into constructive action, where positive change can be made thus enhancing mission readiness. The objectives are as follows: Develop a creative process to resolve conflict; build a foundation of trust on both sides; focus on the issues, not people or personalities; be open to alternatives and compromise; explore all interests, and render a fair and equitable decision. A significant unanticipated benefit arose between the parties during program development - trust and communication. The parties working together towards a common goal--a better way to resolve disputes--actually prevented disputes from arising in the first place.

Duration/Current Activity
Dispute resolution time has been reduced dramatically. No third party actions have been required since program inception. With disputes being resolved in-house, the process is not dependent on the availability and timeliness of third parties or outside agencies.

Rules Governing the Activity
When used to settle a grievance under the NGP, steps one and two must be completed. At that time the employee elects either step 3 or ADR. For the AGP the employee chooses either the grievance procedures or ADR at the initial outset. If ADR is chosen the employee signs a memorandum of agreement acknowledging that ADR is final and binding on both the employee and management. If an employee under the NGP choose to stop the ADR process once elected, then the decision handed down by the step 2 official will prevail. This process was codified in the recently negotiated MOA with the local union (AFGE)

Contact
Nancy Corbin, 437 SVS/SV, 207 S. Davis Drive, Charleston AFB, SC 29404- Telephone (843) 963-4314, DSN 673-4314; e-mail Nancy.Corbin@charleston.af.mil

ADR Technique: Mediation

How the ADR System Works
The mediation process is available through the Kirtland Air Force Base Mediation Office to help resolve any workplace conflict. It is a voluntary and confidential process which may be initiated by either an employee or a management official. The office staff serves as mediators. The goal is to facilitate resolution of conflict before it reaches a formal dispute process such as a grievance or an EEO complaint. However, mediation is also available at any stage of a formal process and in no way impedes an employee's grievance or complaint rights. The time requirements for those processes are either held in abeyance or extended pending the outcome of the mediation. If necessary, mediation may encompass more than one meeting to achieve resolution.

Background/Objective
The goal is to provide the Kirtland Air Force Base community with an alternative to traditional methods of resolving disputes and to provide a forum for those workplace conflicts that would not normally be addressed by a formal process. After a process action team evaluated the grievances and EEO complaints being handled on the base, a pilot program was established that has evolved into a Mediation Office which reports to the base Chief EEO Counselor. The staff has received mediation skills training through the Albuquerque Mediation Alliance, the Justice Center of Atlanta, CDR Associates (Boulder, CO), and previous job training and education.

Duration/Current Activity
The Office opened on 1 December 1993. In addition to 2-party mediations, the Office conducts workgroup interventions, offers advisory services to individuals, and provides outreach education in style differences, communication skills and conflict resolution.

Rules governing the Activity
A Memorandum of Understanding (MOU) was negotiated with the local union (AFGE) allowing the staff to mediate grievances. The MOU provides that the union will receive a copy of the resolution agreement with the employee's written consent. Otherwise, all agreements derived through the mediation process are confidential. Settlements of pending EEO complaints and grievances are reviewed by a panel comprised of a representative from the Judge Advocate General, EEO, and personnel offices to ensure legal compliance.

Contacts
Barbara A. Powelson and G.M. "Rav" Nicholson, Kirtland AFB Mediation Office, 377 ABW/CCM, 2000 Wyoming Blvd., SE, Kirtland AFB, NM 87117; Telephone: (505) 846-7552; FAX: (505) 846-0985.

ADR Technique: Mediation

How the ADR System Works
The Alternative Dispute Resolution Program provides for mediation of disputes between management and employees and designated employee representatives. The ADR Program staff identifies the relevant parties to a dispute and provides a pre-mediation briefing at which all participants are introduced to the mediation process. At the subsequent mediation conference, trained in-house mediators guide the parties through the mediation process, assisting them to reach a mutually acceptable resolution, if at all possible. A substantial number of collateral duty mediators compose the mediator staff. When resolution is achieved, the parties are encouraged to prepare a brief, specific agreement. When resolution is not achieved, the parties are informed of their rights in continuing the processing of a grievance or EEO complaint should they so choose.

Background/Objective
The program is the outgrowth of efforts toresolve an impasse between management and labor contract negotiating teams. ADR, particularly mediation, was seen as a way to effectively resolve both this impasse and a variety of workplace disputes in general. The goals of the program include: (1) providing a simpler, friendlier, less costly, less adversarial and more timely avenue for resolving workplace disputes; (2) reducing the number of EEO complaints, and grievances; and (3) fostering improved labor-management relations through increased communication between employees and supervisors and between management staff and labor representatives.

Duration/Current Activity
Almost 200 mediations have been conducted since the program was instituted toward the end of Fiscal Year 1996 with a resolution rate of 70% or better.

Rules Governing the Activity
Cases referred to mediation may involve EEO issues, grievances submitted either through the Negotiated Grievance Procedure as provided by the labor agreement or through the agency grievance procedure, or other workplace issues and disagreements which have not been resolved. All mediators are agency employees and receive extensive training in ADR and mediation techniques.

Contact
Romeo R. Garcia, Manager, 37 TRW/CV-M, 1871 Gentile St., Lackland AFB, TX, 78236-5523; Telephone: (210) 671-0801; FAX: (210) 671-0804; Email: romeo.garciar@lackland.af.mil.

ADR Technique: Mediation

How the ADR System Works
The McClellan ADR Program was originally= designed to offer mediation during the informal stage of the EEO complaint process. The program has expanded to include union grievances, military interpersonal disputes, and conflicts between managers. Employees access mediation through their union, EEO, or the Organizational Health Center. To ensure process continuity and continuing in-house training, McClellan practices co-mediation. An experienced mediator is teamed up with a novice to offer coaching, share lessons learned, and provide hands on experience.

Background/Objective
The ADR program is an informal, voluntary, conflict resolution process that allows parties to reach an agreement of their own design. If resolution is not reached, the complaint continues through formal channels.

Duration/Current Activity
To date, McClellan has over 20 trained mediators. A partnership with the Bureau of Land Management allows for both agencies to share neutrals. McClellan will continue to offer mediation throughout the time needed to achieve a scheduled base closure.

Rules Governing the Activity
The program is designed after the Alternative Dispute Resolution Program Plan provided by Air Force Mediation Center and the Department of the Air Force ADR Program. The program is endorsed by the commander, senior staff, unions, and the Partnership Council.

Contact
Dan Beach, Organizational Development Consultant, AM-ALC/CCX-1, 5634 Price Avenue, McClellan AFB, CA 95652-1245; Telephone: (916) 643-5374; FAX: (916) 643-0045; DSN: 633-5374; Email: danbeach@email.mcclellan.af.mil.

ADR Technique: Mediation/Facilitation

How the ADR System Works
ADR at Tinker Air Force Base is considered an umbrella spanning all complaint processes, accessible by referral. The employee or management official identifies a workplace problem. The employee/manager is encouraged to raise the problem through the chain of command/supervision. The employee/manager may contact his/her supervisor, the Equal Employment Opportunity Office, Civilian Personnel, Inspector General, Local Union, Chaplain, Employee Assistance Program Office or the Alternative Dispute Program Office about the Tinker ADR process. The official contacted refers the issue either to the appropriate office or the ADR office. The ADR Office discusses the matter with the employee/manager to determine the feasibility of using ADR to resolve the matter. The ADR Office determines whether to offer one of the methods of ADR for dispute resolution (mediation or facilitation). The parties agree to use the method offered or to use traditional dispute resolution procedures. If the parties choose ADR, they are briefed on their roles, responsibilities, what to expect, and how to be best prepared for ADR. The parties then attempt to resolve the disputed issue(s) in good faith and by full and open communication, respecting the rights of each party to present his/her perspective.

Background/Objective
The Tinker AFB ADR program began in 1998 with a design process outlined in the Air Force Materiel Command ADR Program Design Workshop at Wright-Patterson AFB OH. The Secretary of the Air Force General Counsel gave a presentation on the uses and benefits of ADR in workplace disputes. From that presentation, the Tinker AFB Chief Labor Law Officer presented the concept of ADR to the Tinker Commander and senior staff. The commander decided the benefits of ADR could enhance the working environment at Tinker, thus the Tinker ADR Program Office was established to handle employee and agency grievances. After the successes of the first year, the program was expanded to cover all complaint processes. The goals of the Tinker ADR program are to help manage conflict effectively by using ADR, when appropriate, to resolve military and civilian workplace disputes; promote consensual and non-adversarial resolution of workplace disputes; resolve problems giving rise to disputes, as well as resolving the disputes themselves; provide additional tools to resolve disputes at the earliest possible time and at the lowest possible organizational level; and avoid dispute processing costs whenever possible.

Duration/Current Activity
At Tinker AFB, mediation was used successfully in the EEO process beginning in 1994. In this setting, trained mediators working in the EEO office sat down with the complainant and respondent and, in many instances, reached a satisfactory conclusion that resulted in the EEO complaint being withdrawn by the complainant. In 1999, the Tinker ADR Program Office was established and mediation, as one form of ADR, was used in grievances along with other disputes such as those between coworkers. In 2000, the Tinker ADR Program Office became responsible for all ADR requests concerning workplace disputes. Additional Tinker ADR Program responsibilities are training of collateral mediators, workforce education on ADR, outsourcing of mediators, and various other program development concepts.

Rules Governing the Activity
A Memorandum of Agreement (MOA) was negotiated with the local union in accordance with the Air Force Materiel Command Master Labor Agreement allowing mediation of union grievances at the informal stage. The MOA established a partnership between management and union officers in the area of ADR. All agreements derived through the ADR process are confidential and reviewed by a representative from the Staff Judge Advocate Office, Equal Employment Office, and the Civilian Personnel Office before implementation to ensure legal and technical compliance.

Contacts
John Bilbury, Program Manager; Leigh Ann Bryson, ADR Assistant; Tinker ADR Program Office, OC-ALC/CCX (ADR), 3001 Staff Drive Suite 1AD83, Tinker AFB OK 73145-3001; Telephone: (405) 736-2151; FAX: (405) 734-8304.