U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Alternative Dispute Resolution
A Resource Guide

Section I: Alternative Dispute Resolution
Techniques and Agency Practices

U.S.Congress
Office of Compliance

ADR Technique: Mediation

How the ADR System Works
The Congressional Accountability Act of 1995 (CAA) applies 11 civil rights, labor, and workplace laws to employees of the legislative branch of the Federal government and establishes dispute resolution procedures and judicial remedies for employees. The CAA established the Office of Compliance as an independent agency to administer the Act. Counseling and mediation are mandatory steps before an employee may file a formal complaint. To begin a proceeding, a covered employee must first request confidential counseling by the Office of Compliance within 180 days of the incident or alleged violation. An employee who still wishes to proceed after counseling must file a request for mediation with the Office of Compliance within 15 days after receiving notification that the counseling period has ended. The Office then appoints a neutral mediator to work with the parties to the dispute to achieve a voluntary resolution of the matter. If the dispute is still unresolved, the employee has the option to file a formal complaint with the Office of Compliance, which will lead to an administrative hearing, or to file suit in Federal district court.

Background/Objective
Many legislative branch employees previously ad protections and access to mediation for discrimination claims and other types of dispute through other laws and rules. The CAA broadens employee protection, and brings the administration of these provisions under a single independent office. The CAA applies to alleged violations occurring on or after January 23, 1996. A significant number of cases are resolved in the counseling and mediation phases.

Rules Governing the Activity
Additional information about employee coverage, action coverage, and procedure is available on the Office's home page at http://www.compliance.gov/, or by calling the numbers given below.

Contact
Office of Compliance, Room LA 200, John Adams Building, 110 Second Street, SE, Washington, DC 20540-1999: Recorded Information Line: (202) 724-9260. Teresa James; Telephone: (202) 724-9250; TTY: (202) 426-1912; FAX: (202) 426-1913.

Veterans Affairs

ADR Technique: Mediation

How the ADR System Works
The Department of Veterans Affairs (VA) has a policy of encouraging the use of ADR, particularly mediation, to resolve workplace conflicts as early as feasible, to the maximum extent practicable, in an appropriate manner, and at the lowest organizational level. VA does not have one centrally directed ADR program but rather a series of initiatives, policies, and/or programs at both the national and local levels. Many of the 173 VA medical centers have locally designed and implemented mediation programs. A number of VA regional offices have entered into local partnerships with these programs or with other shared neutral programs. The VA's Office of Resolution Management (ORM) has instituted a national mediation program for handling discrimination complaints that looks to local facility programs as a primary source of mediators. In the event that a local facility cannot provide a mediator, ORM has trained mediators that it can make available to the disputants. Other possible mediator sources ORM will consider include other VA mediation programs and inter-agency mediator sharing programs.

Background/Objective
In February, 2000, the Secretary of Veterans Affairs signed and approved a policy statement committing VA to using ADR for resolving workplace disputes and directing that the option of mediation be made available to all VA employees. Additionally, each VA employee is to be provided sufficient information about mediation and the ADR program at his/her facility so that an informed decision can be made about whether to exercise the mediation option. (See VA Directive 5978, Alternative Dispute Resolution, (http://www1.va.gov/adr/page.cfm?pg=10.) To oversee the implementation of this Directive, VA has drawn from throughout the Department two high-level intra-agency groups: the VA-ADR Steering Committee and the VA-ADR Working Group. The Steering Group is chaired by Guy H. McMichael III, the Chair of VA's Board of Contract Appeals, the Department's Dispute Resolution Specialist. The Working Group is chaired by Pat Sheridan, the Deputy Dispute Resolution Specialist. In addition to these there are three subcommittees hat will focus on three important areas: measurements and program evaluation, information technology, and training. The Measurements and Evaluation Subcommittee will make recommendations concerning how to monitor the use of mediation for resolving workplace disputes, what data should be collected and how to identify "best practices" that can be employed throughout the Department. A second Subcommittee will work closely with the Measurements and Evaluation Subcommittee. The Information Technology Subcommittee will make recommendations concerning how best to capture the data identified by the Measurements and Evaluation Subcommittee. The final Subcommittee is the Training Subcommittee which will develop recommendations for ensuring that VA employees know about the mediation option and have access to qualified, trained mediators. VA's Veterans Health Administration (VA's largest employer) has published a Handbook on Alternative Dispute Resolution. This informative handbook contains useful information on mediation and on how to design and implement an effective ADR program at the local level. The handbook has been distributed nation-wide for use by VHA and other VA facilities needing to establish an ADR program. VA's Office of General Counsel has also promulgated a policy directing VA attorneys to consider utilizing ADR techniques, particularly mediation, in every controversy or dispute involving two or more individuals. (See www.va.gov/adr/ogcdir.htm, GC Directive 8001, Role of General Counsel Attorneys in Alternative Dispute Resolution.) VA's General Counsel also has a cadre of individuals who have received extensive training in ADR who can serve as advisors and trainers as facilities establish their own programs.

Duration/Current Activity
VA facilities at the local level have developed ADR programs at various stages of development and refinement. Some facilities have well-designed, seasoned programs while others are now just beginning to develop programs. An effort is currently underway to evaluate the existing programs and to assist those facilities still in the developmental stage in bringing those programs on line. All programs will be the result of joint design and implementation by management and its labor partners. Most VA mediators have received in-house training provided by experienced VA mediators or by contract with qualified training rganizations.

Rules Governing the Activity
Participation in the ADR program is voluntary. All types of workplace disputes may be considered for mediation. If no resolution is achieved, the traditional, more formal avenues of redress are still available to the employee (employees are informed of statutory or regulatory time frames that need to be adhered to in order to revert to the traditional processes).

Contact
Fred Conway or Pat Sheridan, Veterans Affairs Board of Contract Appeals, 810 Vermont Ave., N.W., Washington, D.C. 20420; Telephone (202) 273-6743. FAX: (202) 275-5381.

How the ADR System Works

The VA Medical Center in Alexandria, Louisiana formed a Task Force consisting of Human Resources, Union Officials, and a Quality Management Specialist as the Chairperson. The Task Force gathered information from various Medical Centers within its VISN, acquired documents to use as a guide, and developed a proposal for its Medical Center. Open communication resolved all obstacles in the planning of this proposal. The proposal was presented to the Local Partnership and adopted for approval by the Medical Center Director for implementation.

Background/Objective
The objective of the program is to provide ADR/Mediation processes that allow individuals to resolve their differences more quickly and less formally in a non-adversarial environment, resulting in better utilization of resources than traditional dispute mechanisms (i.e., Equal Employment Opportunity (EEO) discrimination process, union grievances, etc.). ADR/Mediation is used to resolve all workplace and employment disputes that include supervisor/employee, employee/employee, Healthcare Line/Healthcare Line, patient complaints, and other workplace differences.

Duration/Current Activity
The program utilizes an ADR Panel, which consists of no more than three members that are appointed by the ADR Council. Employees volunteered to be facility Mediators. These individuals were selected by the ocal Partnership and approved by the Medical Center Director. An external source of trained Contract Mediators provided conflict resolution techniques to selected employees. The complainants contact the Coordinator via e-mail or telephone. They are offered either ADR Panel or the Mediation process. An explanation of the program is reviewed with the complainant. If they agree to mediate, the complainant then selects the Mediators. The Coordinator talks with the other party involved and obtains their concurrence to mediate. The Coordinator makes arrangements for the location, time, etc. The ADR/Mediation Process is publicized via posters, flyers, Intranet, New Employee Orientation and word of mouth. Referrals are generated from Employee Assistance Program, EEO Complaints, and Management staff.

Rules Governing the Activity
"Neutrals" or Mediators are nominated by the ADR Council and its working group and should possess the following qualities: reputation for confidentiality, fairness, patience, honesty, trustworthiness, credibility, respect, empathy, open-mindedness, creativeness, professional demeanor, good listening/communication skills, and the ability to be non-judgmental, unbiased, and remain neutral. They provide a structured process, which enables the parties to exchange information, listen to one another's position and jointly consider various options that are mutually advantageous to both parties. They are not decision-makers. Their role is a collateral duty, therefore no cost is associated with their responsibilities. Once they have been selected to serve as a Mediator, they have five duty days in which to complete the resolution process. Periodic refresher classes are provided throughout the year and a review of the process is provided before each session. Both parties involved and the ADR Panel Members/Mediators complete evaluation forms after each session. The process is timely and allows employees to resolve conflicts in an expeditious manner. The ADR/Mediation process is a faster and more cost effective process than Union Grievances or EEO complaints. The open communication allows for an exchange of ideas and concerns, and therefore leads to a more timely resolution. Employees feel they can express their concerns without the threat of reprisal and the process is faster.

Contact
Karen James, EEO Program Manager, VA Medical Center-Alexandria, P.O. Box 69004, Alexandria, Louisiana 71306-9004; Telephone (318) 473-0010 ext. 2760;

ADR Technique: Mediation

How the ADR System Works
Any employee or management official of the Central Texas Veterans Healthcare System (CTVHCS) may request mediation. Requests are submitted to the HRM Mediation Coordinator and may be verbal or written. The Mediation Coordinator will determine if the issue is appropriate for mediation and ascertain if the other party is agreeable to participating in the mediation. If so, the Mediation Coordinator will select the co-mediators from a rotating roster and schedule a place for the mediation. All parties are then notified of the time and place the mediation is to be held. Prior to the actual mediation, the parties view a short video explaining mediation and sign an agreement to participate in the mediation process. If the parties are able to reach agreement, a written document specifying the terms of the agreement is given to the Mediation Coordinator for review to ensure the agreement is not contrary to regulation or law. If the agreement is technically acceptable, the parties involved and the co-mediators sign the agreement.

Background/Objective
CTVHCS was struggling with the aftermath of a particularly difficult integration involving three major medical centers and their ancillary clinics. Dissatisfaction was prevalent, complaints and disputes were numerous, and morale was low. Formal complaints were at an all time high. The program was established with the objective of assuring a work environment that is conducive to the delivery of high quality patient care and services through early resolution of disputes. The goal is to resolve disputes before they actually become complaints, as well as expedite the resolution of formal complaints. An added benefit is that the Mediation Program serves as a tool to improve morale by empowering employees and affording them the opportunity to be heard.

Duration/Current Activity
The mediation program at CTVHCS is a cooperative effort between management nd labor through the Partnership Council and began operation in June 1999. The program is widely publicized. A major emphasis has been on pre-complaint mediation. The scope of the program is broad, encompassing both bargaining unit and non-bargaining unit employees and covers almost all types of workplace disputes. The Mediation Coordinator is empowered to determine if a dispute is appropriate for mediation. Since most disputes are between an employee and a management official, co-mediation, with one mediator being from labor and the other from management, is the method most commonly used. When disputes are between management officials, only one mediator from management is used. CTVHCS has a full-time Mediation Coordinator and a cadre of 32 trained mediators who were selected based on nominations from both labor and management. The mediators are representative of the employee population and include bargaining and non-bargaining unit employees; professional, white collar and blue collar workers; members of both genders; and is multicultural. Every effort is made to schedule and bring to closure mediations within 10 days of the request date of the mediation.

Rules Governing the Activity
The rules governing the mediation program at CTVHCS are set out in a Facility Memorandum available to all employees. The decision to participate is voluntary and both parties must agree to participate. Strict adherence to confidentially is maintained, and mediators are required to remain neutral. Rules and guidelines are discussed at the beginning of the process and all parties can ask questions or express their concerns. Every effort is made to reach resolution; however, if agreement cannot be reached, other avenues of redress are still available to the employee.

Contact
Robert Bruce, Mediation Coordinator, Human Resources Management Service (05D), 1901 Veterans Memorial Boulevard, Temple, Texas 76504; Telephone: 254-778-4811 extension 4422; FAX: 254-899-4007; Email: robert.bruce2@med.va.gov .

ADR Technique: Mediation

How the ADR System Works
Either party to a dispute may call toll free at 1-877-MEDIATE (877-633-4283) to request Alternative Dispute Resolution (ADR) services at any time. The Director of the Office of Dispute Resolution will assign ne ADR Specialist from the Roster of Mediators on a rotating basis. If either party to mediation object to one or both of the mediators assigned to a particular matter, the Office of Dispute Resolution Director assigns another mediator(s) from the Roster. Mediators are not assigned to resolve cases in their own division; however, they are exchanged among the medical facilities and Veterans Centers as part of a shared neutral agreement between facilities. The mediators employ mediation, conciliation, and group facilitation techniques to resolve employment and civil legal matters in dispute. These matters can come from the Equal Employment Opportunity office, Merit System Protection Board appeals, Whistleblower reprisals filed with the Office of Special Counsel, union grievances, medical malpractice claims, among others. The mediators practice two resolution styles: the facilitative and the transformative model. Additional information on the process and procedures can be obtained at www.visn22.med.va.gov/hot/mediation/default.htm

Background/Objectives
The Office of Dispute Resolution was established as a means of fostering and developing more effective alternatives to resolving employment and civil legal matters than traditional litigation or other administrative processes used by the Department of Veterans Affairs. ODR was implemented to improve the results gained in resolving disputes and reducing costs and delays associated with investigation and litigation of complaints made by employees and veterans. The organizational cost of counterproductive conflicts and achieving organizational excellence are the primary objectives. The Office of Dispute resolution also provides a means by which employees could enjoy their work more and resolve employment related disputes in an informal positive manner. A final objective is to promote a balanced process for employees, applicants for employment, and their primary customers, veterans.

Duration/Current Activities
The program is staffed with a Director and 60 collateral duty VA employee mediators. Management and union officials choose employees to be trained as mediators using established criteria from its process on "Qualifications for Credentialing Mediators." The chosen mediators undertake 40 hours of basic and 20 hours of advanced mediation training. Continuing mediators are given follow-up training each fiscal year and are provided additional information for pursuing continuing education in the field of ADR.

Rules Governing the Activity
The Office of Dispute Resolution has established and implemented a Uniform ADR Initiative which is in full alignment with the VA Strategic Plan--FY 2001-2006 Objective E-2 (Alternative Dispute Resolution), VA Directive 5978 of February 2000 on ADR, VHA ADR Policy, Equal Employment Opportunity Commission (Regulation 29 C.F.R. §1614) November 1999, Alternative Dispute Resolution Act of 1998, Administrative Dispute Resolution Act of 1996, and Americans with Disabilities Act of 1990.

Contact:
Call 1-877-MEDIATE (877-633-4283)

ADR Technique: Mediation

How the ADR System Works
The Iowa City VA Medical Center established an Alternative Dispute Resolution Mediation Program as a format to solve workplace disputes. If a person is interested in mediation they can call one of the ADR Coordinators or any of the on site mediators with questions or to set up a mediation session. The program uses the co-mediator model and the parties involved in the dispute agree on the mediators to conduct the session. The contents of any settlement reached through mediation are confidential; however, if the settlement agreement involves the dismissal of an EEO complaint, the agreement is reviewed by the EEO Program Manager to assure it is compliant with EEO laws and regulations. The agreement is given to the participants only; the ADR Coordinator does not maintain a copy. Program staff determined that by not keeping a copy of the agreement in the coordinator's office the maintenance of confidentiality is increased.

Background/Objective
The ADR mediation program at the Iowa City VA Medical Center was established as a tool to assist in the resolution of workplace disputes, grievance cases, and EEO discrimination complaints. The medical center's objectives are to empower the employee in the resolution of the conflict, to create a positive and pleasant work environment, and to retain employees. The medical center strives to reduce the number of conflicts at the facility and to provide a quick and confidential tool to use when conflicts do arise.

Duration/Current Activity
The program was developed in 1997 as an alternative format for the resolution of work place disputes, union grievance cases, and EEO cases. Mediation is offered at any stage of the dispute, grievance, or EEO case. The program currently has six fully trained and experienced mediators who function in a collateral role, and two of the six mediators also serve as the coordinators of the program. Due to the success of the program, it has four additional mediators who are awaiting formal training. The program has a "shared neutral" agreement with the Central Iowa Health Care system that consists of nine trained mediators.

Rules Governing the Activity
The program is voluntary, confidential, neutral, and impartial. is designed to assist in the resolution of a dispute between the parties. The program conducts mediation sessions with two parties and up to sixteen parties. The disputes may be between employees or employees and their supervisor. Mediators have received extensive training in communication skills and conflict resolution. All mediators are neutral to the parties and the situation being brought to mediation. The coordinator contacts the parties within seven calendar days with the potential mediators. The parties shall agree on the mediators before the session is to occur. When possible the mediation will be scheduled to proceed within the above-mentioned time frame. Extension of this time period may result due to employee or mediator availability.

Contact
Ray Starke, EEO Manager (EEO)/ADR Coordinator, Iowa City Health Care System, Highway 6 West, Iowa City, IA 52246. Telephone: (319) 338-0581 extension 96203 ; Fax; (319) 339-7135; Email:ray.starke@med.va.gov.

ADR Technique: Mediation

How the ADR System Works
The Martinsburg VA Medical Center established an Alternative Dispute Resolution Mediation Program which operates under an "open door" policy for any disputant who wants to call or walk into the Mediation Office to learn more about the mediation program. Equal Employment Opportunity (EEO) complaints are the primary types of disputes being raised in the program but other workplace disputes are covered by the process. Some union grievances are presently excluded until additional negotiations are accomplished. If a person chooses mediation, the Mediation Program Coordinator, and the parties to the dispute agree on a co-mediator and the process of mediation begins. The terms of any settlement agreement reached through mediation are confidential; however, if the settlement agreement involves any type of compensatory award, the agreement is reviewed by the Medical Center Director.

Background/Objective
The ADR Mediation Program at the Martinsburg VA Medical Center was established to reduce the number of disputes between employees and management and to address common work problems, grievances and the EEO discrimination complaint procedure. The Medical Center's objectives are to settle as many complaints as possible without a negative impact on the disputants, agency or staff members involved. Through the program, the agency hopes to improve active listening skills, reduce conflicts between employees and management, and to develop agreements that are mutually acceptable.

Duration/Current Activity
The program began following the issuance of the VHA Directive 98-297 on May 8, 1998, which mandated that the EEO Complaint Process be modified to include some form of ADR as a technique to prevent disputes and resolve them at the earliest stage or to settle them prior to formal litigation. The program is currently staffed by one full-time Mediation Program Coordinator, one full-time assistant and eleven collateral duty co-mediators.

Rules Governing the Activity
The program is voluntary, confidential, neutral and impartial. It is designed to promote and facilitate the resolution of a dispute between parties. Mediators must be honest and neutral, act in good faith, and diligent with regard to communication skills. Mediators must not have a vested interest in the terms of the settlement agreement, must show no bias toward individuals or institutions involved in mediation and be reasonably available as requested by mediating parties. The Mediation Office attempts to establish a mediation date within five business days after the intake has been completed.

Contact
Denise A. Burton, Certified Mediator, EEO/AEP Program Manager & Mediation Program Coordinator, VA Medical Center, Martinsburg, WV 25401; Telephone: (304) 263-0811 ext. 4059; FAX: (304) 260-4860; Email: denise.burton@med.va.gov.

ADR Technique: Mediation

How the ADR System Works:
The Program at St. Louis VAMC is well recognized by the staff as a result of several initiatives. All new employees receive the policy and brochure during orientation. Pictures and telephone numbers of the coordinators and mediators are posted in two locations in the medical center. The program was introduced to the staff in 1998 when 1500 employees attended mandatory training. The program is discussed at staff meetings and receives full support from officials of Local 96. The program's policy is to encourage the use of mediation at an early stage of the dispute, although mediation is available at any time during the processing of a dispute. Once the mediator coordinator is notified of a request to mediate, the case is assigned to a mediator and a review of the dispute, VA policy and guidelines is made with the mediator. Mediators are assigned on a rotating basis but are not permitted to mediate a dispute in their own department.

The parties sign an agreement to mediation and identify the issues before beginning to mediate. At the conclusion of the mediation, a settlement agreement is prepared and signed by all involved parties if the matter is resolved.If no resolution is reached, the complainant may proceed with their complaint using applicable processes, i.e., EEO, grievance, etc. The terms of any settlement are confidential.

Background/Objective:
The VA Medical Center in St. Louis, Missouri, established an ADR Mediation Program in January 1998 for several reasons. It has long been established in the federal and private workplace that mediating disputes is an efficient, cost saving, and relatively quick method to resolve differences in the work place. Management officials and AFGE Local 96 union officials recognized the need to find quicker and less expensive ways to resolve disputes. Further, the Master Labor agreement between the DVA and AFGE provides for establishment of an ADR program. Thus the parties met over several months and formalized a mediation program. The program is used to resolve all types of disputes. The most common are grievances, discrimination complaints, employee disputes with a fellow employee, and supervisor-employee differences. Obstacles to development of the program were addressed through a joint committee made up of senior management officials and officers from AFGE Local 96. This joint committee met on a regular basis and discussed the formal guidelines and responsibilities of the program. These discussions lead to the issuance of MCM 00-33 as a matter of policy for the program. The committee addressed each concern that was brought up and resolved it. Both labor and management wanted a program that gave employees an alternative to formal processing of disputes.

Goals and objectives of the program are to promote principles that establish open communication and better working relationships in the work place. An objective is to provide for quick, less adversarial, efficient way to resolve matters. Mediation may be used to resolve all types of disputes except patient abuse issues, violations of law, and matters that are covered by federal or VA regulations.

Duration/current activity
The St. Louis VAMC has had approximately 120 mediation cases since the program started. 92% of the cases have been resolved. The Program was started in 1998 after several months of meetings with officials at the medical center. The Program is the result of a joint initiative by management and the union. Mediation training by an outside contractor was provided to the coordinators, mediators, and medical center and union officials. Two coordinators and three mediators were initially appointed to begin processing the cases.

Rules Governing the Activity
The mediation process is voluntary and therefore the parties to a dispute are not mandated to use mediation to resolve their differences. Mediation is confidential, informal, private, non-adversarial and non-adjudicative. The mediator is not authorized to make a decision and may not force rovide an atmosphere of mutual respect, assist the parties in identifying issues, foster joint problem solving and explore settlement options.

Contact
Richard T. Young, Labor Relations Specialist, Director's Office, VA Medical Center, 915 N. Grand Ave. St. Louis, MO 63106. Telephone (314) 289-7651. FAX: (314) 289-6557.

How the ADR System Works
The Salem VA Medical Center has implemented a successful and thriving Alternative Dispute Resolution Program. The program has resulted in successful resolutions to disputes and has changed the atmosphere at the medical center. Staff realize that they have another avenue to resolve disputes that is much more efficient than other alternatives and almost always achieves greater satisfaction for all involved. This is due to the fact that ADR allows an informal way for individuals to resolve disputes with a fellow employee, a manager or a colleague. In mediations, a mediator helps two or more persons explore ways to resolve their differences and reach an agreement that best addresses their interests. Mediations are referred to the collateral duty ADR Coordinator either by phone, e-mail, ORM referrals, EEO Manager referrals, AFGE referrals, manager/supervisor referrals, employee interest, among others. Salem has taken the position that they will mediate anything at any level at any stage of the grievance process and has found that this is the best option. The ADR Coordinator schedules the mediations and ensures all pertinent staff are at the table and all staff requiring representation are represented accordingly.

Background/Objective
The ADR Mediation Program at the Salem VAMC was established to reduce the number of disputes between employees and management and to address work place problems that were prevalent. The medical center has made a 100 percent commitment to support the ADR program at this facility and due to that support and partnering effort they have been able to enjoy great success. ADR at Salem has evolved into a realm of changing behaviors, which has been gradually incorporated into a High Performance Development Model for their medical center.

Duration/CurrentActivity
The ADR Program at the Salem VAMC was started in the fall of 1997. Mediators were trained and mediations began immediately. Resolving differences at the earliest stage or settling them prior to the Step I grievance level was a goal the facility wanted to achieve as quickly as possible. The mediation program began with an ADR Coordinator and three mediators, and today they have ten trained mediators, one of whom has traveled throughout the entire VISN mediating, facilitating, and doing team building workshops that have virtually turned around the working relationships in numerous medical centers. Since implementation of this ADR Program, Salem has held approximately 140 mediations reaching full settlement in all but 11.

Rules Governing the Activity
The ADR Program at the Salem VAMC is entirely voluntary and does not interfere with the employees' right to turn to other means of resolving their dispute. Both parties to a dispute must agree to go to mediation before the process can take place. Salem has a local ADR policy that governs the ADR practice and a very strict confidentiality and neutrality policy with the mediators which is clearly detailed at the beginning of each mediation. Rules and guidelines are shared at the beginning of each mediation and all parties are given ample time to voice their concerns and be heard. They operate under the premise that all resolutions to disputes basically fall into two areas, communication and respect.

Contact
Vonda Broom, ADR Coordinator, Mediator VAMC (003-137) 1970 Roanoke Blvd., Salem, VA 24153; Telephone: (540)982-2463 Ext. 2862; Fax: (540) 224-1912; Email: VDJBroom@msn.com.

ADR Technique: Mediation

How the ADR System Works
Each of the Network Medical Centers (located at Buffalo/Batavia, Canandaigua, Bath, Syracuse and Albany, NY) maintains a cadre of five to six trained mediators who perform their duties on a collateral basis. Each of the Medical Centers has a Facility Program Coordinator. There is a Network ADR Coordinator that monitors the program on a Network wide basis. Either party to a dispute may request mediation. Employees are allowed to select any of the local mediators that gives the employee a sense of confidence in the mediator's ability to resolve his or her issues. Every effort is made to assign mediators from the facility where the dispute has arisen. However, disputes do arise that require a heightened level of trust, sensitivity or confidentiality. In these cases employees may request the services of mediators from other Network Medical Centers. To facilitate the assignment of mediators from other facilities two sets of "Sister Institutions" have been established. They are: 1) Albany and Syracuse; 2) Canandaigua, Bath and Buffalo/Batavia. If mediators are requested from another Network facility they are from one of the initiating facility's Sister Institutions. This ADR model allows employees the option to have two mediators at mediation sessions. They have found co-mediation to be advantageous since it often enhances the number and variety of settlement options. This model also increases the trust that participants have in the ADR process. For example, if the dispute involves male and female employees who have issues related to differences in gender, having two mediators, one male and one female, can lead to a heightened level of trust.

Background/Objectives
The ADR program promotes principles and practices that will facilitate the improvement of communications and working relationships. The ADR process allows parties to resolve their differences quickly, in a less formal environment, in a less adversarial atmosphere, and is a more efficient use of resources than the traditional dispute mechanisms (i.e., litigation).

Duration/Current Activity
In May and June 2000, mediators were given a 3 1/2 day introductory training course. In September 2000 a 2 ½ day advanced mediation training course was given. Mediations began in June 2000. Since its inception fourteen months ago Network employees have utilized the ADR Program twenty-nine times. Twenty-two of these mediations have resulted in some form of settlement. They have invited other Federal Agencies to use their mediation services. In August 2001, they conducted their first successful mediation for another Federal Agency, the Customs Service.

Rules Governing the Activity
ADR is a totally voluntary and confidential process. The program covers the majority of disputes that may occur in the workplace. Certain cases may not be appropriate for mediation. Typically, the most egregious matters, such as patient abuse issues or violations of law, are not suitable for resolution under the mediation process.

Contact
Douglas Bender, Network ADR Coordinator (05), VA Medical Center, 113 Holland Ave., Albany, NY 12208; 518-433-0929; Email: Douglas.Bender@med.va.gov