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Alternative Dispute Resolution
A Resource Guide

Introduction

Alternative dispute resolution (ADR) consists of a variety of approaches to early intervention and dispute resolution. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. ADR increases the parties' opportunities to resolve disputes prior to or during the use of formal administrative procedures and litigation (which can be very costly and time-consuming). It typically is not intended to replace the more traditional approaches and it can provide long term solutions to employee-employer conflicts through stakeholders' participation and buy-in. In contrast, traditional dispute resolution procedures often impose a "solution" handed down by a third party (e.g., a judge), where neither party walks away satisfied, and the disputing parties' conflict continues or increases.

In employee and labor relations and equal employment opportunity disputes, ADR has most commonly taken the form of mediation. However, there are many other options available including conciliation, cooperative problem-solving, dispute panels, facilitation, fact finding, interest-based problem solving and bargaining, settlement conferences, ombudsing, peer review, and alternative discipline. Alternative discipline as an ADR technique involves taking some type of action in lieu of traditional discipline to correct misconduct without resorting to more costly formal procedures and litigation. Parties can use any of these ADR techniques, combinations of them, or others not discussed in the Guide. In short, parties can design and implement virtually any form of ADR which suits their needs.

A number of initiatives by Congress and the Government have encouraged the use of alternative methods of workplace dispute resolution throughout the Executive Branch. These initiatives include the Administrative Dispute Resolution Act of 1996; the Civil Rights Act of 1991; the National Performance Review; Executive Order 12871, Labor Management Partnerships; and the Equal Employment Opportunity Commission's regulations.

The Guide provides an overall picture of how the most common forms of ADR are being implemented in Federal agencies. It summarizes a number of current ADR programs (including alternative discipline programs), and it includes descriptions of shared neutrals programs where agencies have collaborated to reduce the costs of ADR. It provides a listing of training and resources available from Federal and non-Federal sources. It also provides selected ADR-related web sites. The information in the Guide will be helpful to you as you explore the feasibility and appropriateness of implementing alternative dispute resolution programs in your organization or enhancing the one you may have now. As you review the agency programs and other information in the Guide, bear in mind that there is no one correct technique or process. The success of any ADR program is dependent upon designing a system which reflects the unique needs of the organization and its employees.

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