ADR Technique: Mediation

How the ADR System Works
The Early Resolution System (ERS) makes the services of trained mediators available to resolve workplace issues raised by non-bargaining unit employees of the Associate Administrator for Research and Acquisitions ARA). Usage of the ERS does not affect access to other administrative processes, such as the EEO complaint process, and does not waive or extend their time limits for filing. Mediators are agency employees who have been trained to provide services on a collateral-duty basis.

Background/Objective
The ERS program is designed to give participants a creative, efficient, and sensible way to resolve workplace issues before they become adversarial conflicts. The goal is to resolve issues quickly (within five working days), promote a quality work environment, reduce the cost of disputes, avoid litigation, and create resolutions that are durable.

Duration/Current Activity
The ERS was established in March 1998 and has achieved a 94% success rate. Some of the issues raised for mediation include team conflicts, organizational changes, managerial disputes, performance challenges, and harassment. Most issues have been resolved within the target time frame of five working days. The program has a web site under the ARA listings on the FAA home page. All ARA employees have also received a mailing describing the program, and the program manager conducts frequent briefings.

Rules Governing the Activity
The program is currently available only to non-bargaining unit employees. It is entirely voluntary and confidential.

Contact
Norma Saafir, ERS Program Manager, ARA-3A, 800 Independence Avenue, SW, Room 1019, Washington, DC 20591; Telephone: (202) 493-4607; FAX: (202) 267-5811; Email: nsaafir@faa.gov.

ADR Technique: Mediation

How the ADR System Works
The Great Lakes Region of the Federal Aviation Administration (FAA) operates a program that encourages the use of mediation at any level of a dispute. Once the parties agree to mediate, an EEO case is referred from the Civil Rights Office to a full time team of mediators who coordinate the mediation, from pre-mediation conferencing through to evaluation and tracking. For other than EEO related cases, disputes are referred directly to the mediator team. Referrals come from management, unions, special emphasis groups, EAP, and employees. The team then coordinates the entire process from intake through evaluation and tracking. Coordination for all disputes often requires interface with human resource personnel, attorneys, union personnel and agency medical authorities. Mediation may also be used to resolve disputes that arise outside of the agency such as contracting/procurement, real estate and environmental noise abatement.

Background/Objective
The ADR program in the Great Lakes Regions of the FAA was initiated in December 1993 to provide employees with the option of electing mediation to resolve Equal Employment Opportunity (EEO) complaints. Due to the program's success, this option became an alternative process for resolving all types of disputes in the workplace. The Conflict and Conciliation Initiative (CCI) team was formed in 1998, and is currently staffed by three full-time trained professional mediators who have an extensive background in organizational consulting and conflict resolution. Their goals are to reduce the EEO case backlog and to expand the use of mediation both internally and externally.

Duration/Current Activity
Since April 1998, the CCI team has conducted or coordinated 65 mediation in the Great Lakes Region. Co-mediation is used in all mediation conducted, utilizing the CCI team and cadre of nine other collateral duty mediators. The CCI team is also part of the Chicago Federal Executive Board's shared neutrals consortium. In addition to mediating for other federal agencies, the CCI team utilizes and/or co-mediates with other FEB shared neutrals for FAA cases, when appropriate. The co-mediation model provides opportunities for mentoring and allows diversity considerations to be met. It also provides the perspective of two points of view that can pick up on a fuller range of dynamics in the mediation. A combination of the facilitative and transformative mediation models is used.

Rules Governing the Activity
To ensure a clear understanding and consistency in the ADR program, the CCI team established Standard Operating Procedures (SOPs). These SOPs were drafted, coordinated, finalized and distributed to the Regional Management Team during the first quarter of Fiscal Year 99.

Contact
Conflict and Conciliation Team (CCI), DOT/FAA Great Lakes Region, 2300 E. Devon Avenue, Des Plaines, IL. 60018; Fax: (847) 294-8413, Jan Lebovitz, Telephone: (847) 294-7375, Babette Hodges, Telephone: (847) 294-7221, Don Saballus, Telephone: (847) 294-7222.

ADR Technique: Multiple Techniques

How the ADR System Works
The Civil Rights Staff (CRS), Northwest Mountain Region (ANM), Federal Aviation Administration, has two internal program managers: a Regional ADR Program Manager (PM) and a Discrimination Complaints Program Manager (DCPM). The two managers work together to prevent and resolve EEO conflicts at the earliest stage and lowest level. The DCPM manages the EEO Counselor Program, conducts EEO training for managers and employees, and uses diverse strategies his widely-recognized facilitation skills to resolve many conflicts between employees., e.g., facilitation, negotiation, conciliation, etc. The ADR PM manages the Mediation Program, and also conducts mediations, facilitations, EEO Evaluations and Model Work Environment assessments. As an ADR consultant, she incorporates information on behavior styles facilitates "People Skills" Training into the facilitations and assessments and develops diverse written and visual products, e.g., brochures, slide presentations, video vignettes, scripts, reports, etc.

Background/Objective
The ANM CRS established its regional mediation program in FY92 with seven mediators in the regional office and currently has 1115 mediators in the RO and in two field locations. Of the total cases mediated between FY92 and FY98, 94 percent were resolved. As the level of complexity increased, the resolution rate (for mediations only) decreased from 94 to 82.3 85.4 percent and the CRS found that they had to use more than one ADR technique to resolve a single complaint. As the CRS expanded its pool of ADR instruments and used these additional tools to prevent complaints, the complaint ratio (total complaints divided by number of employees) decreased to an average of 0.38 percent in FY00. (This compares to an average of 1.08 percent for FAA and an average of 1.01 percent government-wide.)

Duration/Current Activity
With the help of its counterparts and the Office of Civil Rights (OCR), ACR-1, Headquarters, the ANM CRS developed a two-part 30-minute mediation video. The FAA is currently using the video to provide mediation awareness briefings to its 6,000 managers and 43,000 employees. The video cost a total of $5,748 to produce and distribute for an average cost of 12 cents per employee.

Rules Governing the Activity
In December 1999, the FAA issued the "Equal Employment Opportunity Mediation Program," Order No. 1400.10, which established a national mediation program for the resolution of EEO claims. The order also identified criteria for the selection, training, and certification of mediators. The ANM CRS works closely with its colleagues in Labor Relations, Legal, Medical, Employee Assistance, and others, e.g., Violence in the Work Place Core Team, etc., to prevent and resolve EEO claims.

Contacts
Stephanie Raquer, Regional ADR Program Manager, Civil Rights Staff, ANM-9, Federal Aviation Administration, 1601 Lind Avenue SW, Renton, WA 98055-4056; Telephone (425) 227-2096; FAX: (425) 227-1009. Gregory Pender, Discrimination Complaints Program Manager. Telephone (425) 227-2098. Visit our website at www.nw.faa.gov/civilrights/home.htm