ADR Technique: Multiple Techniques

How the ADR System Works
The Department of the Navy (DON) offers Workplace ADR services to all its civilian employees. Using mediation, facilitation, conciliation and a variety of other ADR processes, the DON is interested in using ADR in all formal arenas as well as resolving concerns at the lowest possible level when workplace disputes arise. In an effort to provide well-trained practitioners, DON has implemented a Mediation Certification Program. In September 2000, the Deputy Assistant Secretary of the Navy (CP/EEO) established an Ombudsman Program to expand opportunities that offer an impartial avenue for civilian managers and employees to explore areas of concern encountered while on the job.

Background/Objective
The DON Workplace ADR Program was originated in the early 1990's. While under DON's ADR Working Group, chaired by Mark Wilkoff, workplace mediators in the Navy Secretariat and Staff Offices along with ADR advocates in NAVAIR's EEO Program and NAVSEA's Employee Relations Program expressed interest in developing a certification program for mediator candidates. DON's former Office of Civilian Personnel Management sponsored mediation training for over 200 people. One of the goals of the DON Workplace ADR Program is to continue to foster growth for its mediators so they can provide competent services to the parties at the table. Additionally there is a focus to expand the use of ADR throughout the various formal arenas as well as encourage managers and employees to voluntarily seek ADR services when any form of workplace dispute is discovered.

Duration/Current Activity
Many Workplace ADR Programs developed over the last decade to meet the needs within DON. Several of these programs are highlighted on the Navy pages in this publication. Guidelines for Workplace ADR were developed for use by all involved with DON Workplace ADR. A mediator handbook is under development. The focus this year is dedicated to provide refresher training, screening and co-mediations to assist successful candidates through the certification program. They have tripled their number of certified mediators since April 2000.

Rules Governing the Program
The DON Mediation Certification Program sets criteria to provide knowledge, determine skill, and hone the ability of each candidate. Additionally, the program guidance supports the adherence to SPIDR/AAA/ABA Ethical Standards for Mediators.

Contact
Mary Ryan, Department of the Navy Workplace ADR Program, Office of the Deputy Assistant Secretary of the Navy (CP/EEO), Nebraska Avenue Complex, DP-2, 321 Somers Court, NW, Suite 40101, Washington, DC 20393-5451; Telephone: (202) 764-0746; DSN7 64-0746; FAX: (202) 764-0788; email: ryan.mary@hq.navy.mil; email: ombudsman.workplace@hq.navy.mil

ADR Technique: Multiple Techniques

How the ADR System Works
The CNRSW San Diego Dispute Resolution Center (DRC) was established in 1998 and serves 30,000 Navy and Marine Corps civilians, offering mediation and other ADR processes at a single Center with intake at multiple site offices in the Southwest Region. Former EEO and ER/LR Specialists have migrated to new Personnel Management Advisor (PMA) positions to reflect the cross functional nature of their work, as well as new competencies in dispute resolution, since the PMAs are expected to work toward the resolution of workplace disputes at the lowest possible level. If the dispute is unresolved by the intake PMA, the case is referred to the DRC for either ADR or traditional complaints processing.

Background/Objective
In addition to multiple successes with mediation and other interest-based methods of dispute resolution in individual workplace program areas such as EEO and Labor Relations in the past several years, the CNRSW wanted to design an integrated conflict management system that would handle workplace disputes in a comprehensive and coordinated manner. The DRC offers interest-based processes to all employees, whether their dispute arises under Title VII, negotiated grievance procedure, or simple mis-communication. An Advisory Council made up of representatives from the functional areas concerned with workplace disputes establishes DRC protocol and monitors the cadre of collateral duty internal mediators.

Duration/Current Activity
The CNRSW DRC has been very successful in resolving workplace disputes and in lowering the number of formal complaints filed. Over 75% of the cases that go into mediation are successfully resolved, including some EEO complaints that had been at various stages of the formal process for up to two years. Improving workplace relationships and creating a workplace that fosters open communication allows Navy employees to focus on the Department's mission.

Rules Governing the Program
A certification program for Navy employees who wish to become mediators in the Navy's workplace disputes program has been established. The multi-stage process for certification includes Introductory and Advanced Mediation skills training, intensive evaluation of skills, three successful co-mediations with an experienced mediator, and adherence to SPIDR/AAA/ABA ethical standards for mediators.

Contact
Mahealani Tolbert, Program Manager, Dispute Resolution Center, Human Resources Office (Code N00CP33), Commander Navy Region Southwest, 937 North Harbor Drive, 6th Floor, San Diego CA 92132-0058; Telephone: (619) 532-2328; FAX: (619) 532-1307; Email: Tolbert.Lani@cnrsw.navy.mil.

ADR Technique: Multiple Techniques

How the ADR System Works
The Department of the Navy, Human Resources Office (HRO), Norfolk located in Norfolk, Virginia provides human resources services for approximately 20,300 personnel in the Hampton Roads geographical area of Virginia. The activity established an Alternative Dispute Resolution (ADR) Program in 1998 that uses Mediation, Conciliation, Early Neutral Inquiry, and Settlement Conference processes, with Mediation being the primary ADR process used. An ADR Program Manager coordinates the Program for 172 commands serviced by HRO Norfolk, and a cadre of neutrals, from various personnel disciplines, function in a collateral duty capacity within the Program.

Background/Objective
The ADR Program is available to address discrimination issues under Title VII. The goal of the Program is to promote resolution between the parties at the earliest opportunity feasible, by the fastest and least expensive method possible. However, ADR has also been used successfully in advanced EEO complaints. During the first meeting relating to a discriminatory issue, an EEO counselor provides the complainant with an explanation and description of the available ADR processes. Subsequently, the respective command is contacted and provided with an overview of ADR and, if agreed to by both parties, a specific ADR method will be chosen. The Program is presently expanding to encourage early use of ADR for other types of workplace disputes separate from the EEO process.

Duration/Current Activity
Besides improving employee morale and satisfaction and management-employee relationships, ADR has reduced processing time and costs associated with informal and formal complaints. This resulted in cost avoidance of approximately $720,000 in fiscal year 1999 and $920,000 for the first two quarters of fiscal year 2000.

Rules Governing the Activity
The ADR Program follows the guidance provided by the Secretary of the Navy Instruction 5800.13. All four ADR processes supported by the Program are voluntary and impartial; however, each incorporate specific distinctions. Mediation is confidential and, if resolution is reached, it is reduced to writing. If resolution is not reached, the content of the mediation conference is not reported and the EEO file would only state that mediation took place. Conciliation is not confidential. If there is not a formal agreement, the written record includes the strengths and weaknesses of the dispute. Early Neutral Inquiry is generally an oral inquiry wherein the neutral recommends a solution for resolution and provides a written non-binding evaluation of the dispute. A Settlement Conference is the most formal ADR process and is used in cases involving a large degree of documentation.

Contact
Joyce Guthrie, Alternative Dispute Resolution Program Manager; Human Resources Office, Norfolk; 487 East C Street, Norfolk, Virginia 23511-3997; Telephone: (757) 444-7957; FAX: (757) 444-4327; Email: guthriej@hronorf.navy.mil.

ADR Technique: Mediation

How the ADR System Works
The Federal Informal Resolution System Team (FIRST) ADR Program is a global program which is used to resolve day-to-day conflicts, including equal employment opportunity (EEO) complaints, grievances and general communication problems between supervisors and employees or between coworkers. The program is comprised of civilian and military mediators and offers mediation services to Federal agencies throughout the State of Hawaii. Managing the FIRST ADR Program is the Human Resources Service Center, Pacific EEO Director who serves as the FIRST Intake Coordinator. EEO, Labor Relations and Dispute Resolution Specialists may request ADR assistance after it is determined that the issue(s) is appropriate to mediate. Interested employees, supervisors and managers may also contact the Intake Coordinator to request mediation. Their motto is TRY FIRST FIRST!

Background/Objective
To assist Federal agencies in Hawaii to be in compliance with the 29 CFR 1614 requirement that agencies establish an ADR program or have access to one, FIRST was recently expanded to include all Federal agencies. This initiative, with the permission of an agency's headquarters, has enabled the smaller DOD and non-DOD agencies to tap FIRST resources rather than bringing mediators from their headquarters to mediate local disputes. This initiative has also enabled FIRST mediators to gain and maintain their mediation skills so that they can pass the Department of Navy's Mediator Certification Program.

Duration/Current Activity
ADR has been successful in both EEO and day-to-day disputes. In addition to restoring communication and work relationships of the disputants, it has reduced the number of grievances filed and the number of EEO complaints processed.

Rules Governing the Program
Disputes are co-mediated or solo mediated depending on whether the mediator has successfully been certified by the Department of Navy. Co-mediations are with the Mediation Center of the Pacific. Cases which are not mediated are: criminal conduct issues; issues that involve security breaches; precedent setting issues; issues involving negotiated contracts from bargaining units and precomplaints that concern a matter which has already been decided by the Department of Navy, Equal Employment Opportunity Commission, or a U.S. Court.

Contact
Cindy Pierson, Human Resources Service Center, Pacific, EEO Department, Code 10, 178 Main Street, Bldg. 499, Honolulu, HI 96818-4048. Telephone: (808) 474-0176 ext 214 or (808) 471-3328 (fax); Email: cynthia_pierson@pac.hroc.navy.mil.

ADR Technique: Mediation

How the ADR System Works
The Human Resources Service Center (HRSC) East offers Alternative Dispute Resolution (ADR) services to over 33,000 individuals within the Department of Navy. HRSC East has provided neutrals for Mediation, Conciliation, Early Neutral Inquiry, and Settlement Conference sessions.

Background/Objective
The HRSC East workplace ADR Program originated with the first conus HRSC in 1997. While under the guidance of William Jackson, Jr., Human Resources Director, and due to the expertise of the HRSC East neutrals, the HRSC East has partnered with other branches within the Department of Defense to provide the services of neutrals for Alternative Dispute Resolution sessions. In addition, the HRSC East is organizing a Shared Neutrals Group, which will enable various organizations (government and non-government) to share neutrals. Because of the HRSC East's demonstrated ability in dispute resolution, they were requested to design and implement an ADR program outside the Department of Navy.

Duration/Current Activity
In addition to providing neutral services, HRSC East has participated in innovative approaches to problem solving and implemented training courses for individuals desiring certification as mediators. The process involves four levels of training: Basic Mediation, Advanced Mediation, Screening, and Co-Mediations. To develop individuals into the best neutrals possible and to enhance the training, HRSC East developed the courses to include extensive role-plays and video taping of participants. These processes enable instructors and participants to critique the role-plays for further improvements. Additionally, HRSC East offers refresher sessions and training designed for specific needs. Their Neutrals have provided advice, guidance and training on ADR program implementation nationwide

Contact
Joan Williams, Norfolk Naval Shipyard, Building 17, Portsmouth, Virginia 23709-5000;Telephone: (757) 396-7142; FAX: (757) 396-2499; email: joan_williams@east.hroc.navy.mil.

ADR Technique: Mediation

How the ADR System Works
The Human Resources Service Center, Southeast (HRSC SE) shared neutrals program is the largest in the Department of the Navy with 63 extensively trained Dispute Resolution Specialists (DRSs) providing services to over 30,000 employees in 250 activities in ten states, Puerto Rico, and Cuba. The DRSs are from various clerical, technical, blue-collar, administrative, professional and managerial backgrounds. Under this program ADR can be used for almost any issue in controversy (old or new) including but not limited to general workplace disputes, grievances, unfair labor practices, informal EEO complaints and formal EEO complaints. However, ADR is not used for issues involving sexual assault, other criminal activity, or issues prohibited by law, regulation or policy.

Mediation is the current form of ADR offered to customers in this region with an option to add additional forms as recommended by the ADR advisory group, which consists of HR professionals, legal experts, and union representatives. After the local ADR intake specialist defines the issues, explains all rights and responsibilities and obtains a signed agreement to use ADR from the parties, the HRSC SE assigns a DRS from an outside activity to conduct the ADR session.

Background/Objective
All DRSs are required to go through a comprehensive training program, which includes at least 4 tiers of training (Basic Mediation, Advanced Mediation, Screening and Evaluation, and Co-mediations with current professional mediators). The objective of the program is to provide the activities and employees with the best mediators in the business to facilitate fair and mutually acceptable resolutions at the lowest level possible and in the most expeditious manner possible.

Duration/Current Activity
The HRSC SE established the ADR program in October 1999. Employees, supervisors and managers began using the program in January 2000 with the first case occurring in February 2000. Since that time, the HRSC SE has provided ADR services for 50 cases. Of those 50 cases, only 27% have gone to the formal stage with 73% being resolved officially or unofficially.

Rules Governing the Program
The program is governed by Navy policy and a regional ADR instruction. ADR is completely voluntary and may be requested by an employee, supervisor or manager. Employees have the right to continue the formal administrative process if no resolution is reached and employees will remain free from retaliation of any kind.

Contact
Sarah B. Overstreet, Regional ADR Program Manager or Larry Bruce, ADR Coordinator, Human Resources Service Center, Southeast, 9110 Leonard Kimble Road, Stennis Space Center, MS 39522; Email: sarah_overstreet@se.hroc.navy.mil; Telephone: (228) 813-1028; or larry_bruce@se.hroc.navy.mil; telephone: (228) 813-1035; FAX: (228) 813-1303.

ADR Technique: Mediation

How the ADR System Works
The Department of the Navy Human Resources Service Center Northwest (HRSC-NW) in Silverdale, Washington, and the Commander Navy Region Northwest (CNRN) Human Resouces Offices (HROs), located at the major Navy activities in this 6-state region, provide consolidated human resources services. This includes an ADR Program that offers training, consultation, and mediation. Mediation may be requested by anyone in the organization, and can be used to address workplace conflicts that are either at the informal or formal stages. Participation is voluntary. ADR Coordinators are located at each major activity. A Regional Coordinator oversees the program.

Background/Objective
When the HRSC-NW and CNRN HROs stood up in 1997 and 1998, a new ADR program was created to provide broad based dispute resolution services to the entire region. In the design of this program, it was of paramount concern that ADR be related to the community in which this Navy region resides and that skills and services already existing in that community not be duplicated. To this end, the ADR Program works with the local Sound Options Group, the Dispute Resolution Center of Kitsap County, and the Seattle Federal Executive Board Intergovernmental Mediation Consortium. To launch the Program, a forty-hour course on Basic Mediation Skills was given to representatives throughout the Region, including labor unions, management, and the human resources community. Interest in becoming certified mediators was solicited from this group and a number of individuals have continued with their training and acquisition of expertise in mediation.

Duration/Current Activity
More workplace disputes were mediated at Navy activities in the Region in the first nine months of the Program than in the previous five years. Evaluations by participants have been very positive.

Rules Governing the Activity
If not otherwise addressed in a negotiated contract, both parties to a formal dispute may mutually agree to suspend time frames while attempting mediation. When necessary, appropriate clearance is obtained through union representatives for bargaining unit members who wish to participate in this process. Mediation sessions are confidential and no records are kept of what happened in the sessions.

Contact
Mando Morales, Human Resources Service Center Northwest (HRSC-NW), 3230 NW Randall Way, Silverdale, WA 09383-7952: Telephone: (360) 315-8020, emailmailto: Mando_Morales@nw.hroc.navy.mil.