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 Mediator Certification Program. To participate in a mediation, civilian employees as well as supervisors may use the "I NEED A MEDIATOR," feature to obtain services. See our website for details on these programs.

Background/Objective
The DON Workplace ADR Program 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 theDON Workplace ADR Program is to continue to foster growth for its certified mediators so they can continue to 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. For example, managers may request mediation to explore concerns and remedies with an employee who has begun to exhibit conduct or performance issues.

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 Department of the Navy pages in this publication. A Navy-wide Mediation Assessment Program begins October 1, 2003. This system will eventually provide automated generation of documents used to convene a mediation during the intake process and also enable submission of evaluations following the mediation process.

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 ACR/AAA/ABA Ethical Standards for Mediators.

Contact
Mary Ryan, Department of the Navy Workplace ADR Program, Office of Civilian Human Resources, Nebraska Avenue Complex, 012, 321 Somers Court, NW, Suite 40103,Washington, DC 20393-5451; Telephone: (202) 764-0746; DSN 764-0746; FAX: (202) 764-0788; email: mary.ryan@navy.mil. For more information on ADR within the Department of the Navy, please visit http://adr.navy.mil.

ADR Technique: Multiple Techniques

How the ADR System Works
The CNRSW San Diego Dispute Resolution Center (DRC) pioneered the Department of Navy's (DON's) Mediator Certification Program. The Center was established in 1998 and serves approximately 30,000 Navy and Marine Corps civilians, offering mediation, facilitation, and other ADR processes at a single Center with intake at multiple site offices in the Southwest Region. Former Personnel Specialists have migrated to Personnel Management Advisor (PMA) positions. These Advisors perform cross functional work, and have been trained in competencies in dispute resolution. The, PMAs work toward the resolution of workplace disputes at the lowest possible level. If the Intake PMA is unable to resolve the dispute within given timeframes, or the dispute cannot be resolved at intake, the case is referred to the DRC for both ADR and traditional 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, grievances, appeals and general workplace disputes in the past several years, the CNRSW designed an integrated conflict management system that handles workplace disputes in a comprehensive and coordinated manner. The DRC offers interest-based processes to all employees regardless of the origin of the dispute.

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 EEO complaints that are in the later stages of the formal process. 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 in existence for several years. The multi-stage process for Navy Certification includes Introductory and Advanced Mediation skills training, intensive evaluation of skills, three successful co-mediations with an experienced mediator, and continuous adherence to SPIDR/AAA/ABA ethical standards for mediators.

Contact
Janet Longacre, ADR Program Manager, Dispute Resolution Center, Human Resources Office (CodeN04R3), Commander Navy Region Southwest, 937 North Harbor Drive, 6th Floor, San Diego CA 92132-0058; Telephone: (619) 532-2328; FAX: (619) 532-1307; Email: Longacre.Janet@cnrsw.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 from the Department of the Navy (DON) Mediator Certification Program 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 Department. 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. Our 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.

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
Mediators for DON are from its Mediator Certification Program. 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
Janice Arizumi, Human Resources Service Center, Pacific, EEO Department, Code 10, 94-810 Moloalo Street, Waipahu, HI 96797. Telephone: (808) 671-1643 x203 or FAX (808) 677-1206; Email: Janice_Arizumi@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 Joan Williams, EEO Program Manager and William A. 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. All HRSC East Mediators are certified in accordance with the Department of the Navy mediator criteria and participate in the DON Mediator Certification Program. 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
The HRSC East provides a state of the art Conflict Management Center (CMC) that offers mediation resources, ADR training, research capabilities, and mediation conference rooms for government agencies. HRSC East also provides neutral services and participates in innovative approaches to problem solving and implements 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 four tiers of training to complete their certification (Basic Mediation, Advanced Mediation, Screening and Evaluation) and three 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 150 cases. Of those 150 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
ARNA MARTIN, Regional ADR Program Manager or ARTHUR(ART) THORNTON, ADR Coordinator, Human Resources Service Center, Southeast, 9110 Leonard Kimble Road, Stennis Space Center, MS 39522; Email: arna_martin@se.hroc.navy.mil; Telephone: (228) 813-1028; or arthur_thornton@se.hroc.navy.mil; Telephone: (228) 813-1040; FAX: (228) 813-1303.

ADR Technique: Mediation

How the ADR System Works
The Department of the Navy (DON) Human Resources Service Center Northwest (HRSC-NW) in Silverdale, Washington, and the Commander Navy Region Northwest (CNRNW) Human Resources 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 and/or EEO 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 CNRNW 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. To launch the Program, a forty-hour course on Basic Mediation Skills was given to representatives throughout the NW 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 by their participation in the DON Mediator Certification Program.

Duration/Current Activity
More workplace disputes were mediated at Navy activities in the Region in the first year of the Program than in the previous five years. Evaluations by participants have been very positive. The number of informal and formal EEO complaints at the Puget Sound Naval Shipyard has decreased dramatically (~50%) in the last year. This is credited to the mediation program and another highly successful form of ADR called "Walk on the Pier". Walk on the Pier is an informal discussion between an employee with a complaint and their Division Head or Superintendent.

Rules Governing the Activity
If not otherwise addressed in a negotiated agreement, both parties may agree to participate in mediation.. Mediation sessions provide a confidential opportunity for a participatant to discuss issues and options with the mediator and no records are kept of what happened within the sessions.

Contact
Dave Dixon, Human Resources Service Center Northwest (HRSC-NW), 3230 NW Randall Way, Silverdale, WA 98383-7952; Telephone: (360) 315-8090; email: dave.Dixon@navy.mil.

ADR Technique: Multiple Techniques

How the ADR System Works
The Naval Air Depot Jacksonville (NAVAIR Depot JAX) ADR program addresses the full array of workplace disputes, including negotiated labor grievances and EEO-related disputes.

Labor grievances are resolved following a negotiated process integrated into the grievance procedures of the collective bargaining agreement (CBA). The grievance process allows informal discussion between the aggrieved employee and his first level supervisor before going to the second level supervisor. Supervisors are encouraged to use the techniques of interest-based bargaining, partnering, and win-win solutions to seek resolutions rather than allow the matter to become a formal grievance. The supervisors' ability to communicate with employees and prevent/resolve conflicts is considered a part of their leadership appraisal. If the matter is not informally resolved, the employee may file a formal grievance with the third level supervisor, and if the matter remains unresolved, the employee can have the grievance reviewed by a union/management panel. The panel includes two management and two union members, with a non-voting labor relation's specialist as a technical advisor. The union/management panel makes decisions based on a majority vote. If the panel deadlocks, the results are summarized for the Commanding Officer to make a final determination, after which the union has the right to invoke arbitration.

NAVAIR Depot JAX adopted the Navy's Alternative Dispute Resolution process, which uses existing Human Resource Office (HRO) staff for handling EEO complaints, and it participates in the ADR/Mediation Program as a source for mediators to handle these disputes. EEO counselors encourage complainants to use the ADR process. If they agree, a third party neutral mediator is selected by the EEO staff, and the parties sign a mediation agreement, in which they acknowledge that their participation is voluntary, agree not to disclose information discussed during the mediation, and recognize that the mediator will be disqualified as a witness about the matters presented during the mediation. In this process, the mediator serves as a facilitator, with the expectation that the parties are to develop their own solution. If the matter is not resolved during mediation, the complainant has the right to return to the traditional EEO process. The program relies on the use of trained and certified employee mediators through the ADR/Mediation Program in most cases, although mediators from the Justice Center in Atlanta, GA are also available when needed.

Background/Objective
The genesis of the Depot ADR program was the recognition that the continuation of long and protracted grievances and EEO complaints could potentially trigger the Depot's demise as a result of low morale, reduced productivity, and costly administrative and judicial litigation. By the year 2000, the NAVAIR Depot JAX was annually averaging approximately 40 negotiated grievances and 60 formal EEO complaints that were taking several months, and in some cases, years to process at a tremendous cost in the form of time, lost productivity, and low morale. Consequently, the goal of the Depot's comprehensive ADR program was to improve underlying communication problems, reduce grievances and EEO complaints, and to find win-win solutions at the lowest level and at the earliest opportunity. Implementation of the program involved extensive training in ADR and related techniques and skills, as well as full collaboration and partnering with the Depot union.

Duration/Current Activity
The genesis of the Depot ADR program was the recognition that the continuation of long and protracted grievances and EEO complaints could potentially trigger the Depot's demise as a result of low morale, reduced productivity, and costly administrative and judicial litigation. By the year 2000, the NAVAIR Depot JAX was annually averaging approximately 40 negotiated grievances and 60 formal EEO complaints that were taking several months, and in some cases, years to process at a tremendous cost in the form of time, lost productivity, and low morale. Consequently, the goal of the Depot's comprehensive ADR program was to improve underlying communication problems, reduce grievances and EEO complaints, and to find win-win solutions at the lowest level and at the earliest opportunity. Implementation of the program involved extensive training in ADR and related techniques and skills, as well as full collaboration and partnering with the Depot union.

Rules Governing the Activity
The process for handling labor grievances is spelled out in Article 40 and Appendix H of the CBA. This process is used in any matter relating to the employment of an employee. ADR resolution of EEO-related disputes relies on the Navy's Alternative Dispute Resolution process using existing Human Resources Office (HRO) EEO staff. All manner of disputes falling under Title VII, the Rehabilitation Act, and the Age Discrimination in Employment Act (ADEA) are addressed using the ADR/Mediation Program.

Contact
Sue Brink, Public Affairs Specialist, Code7.5.1, Naval Air Depot Jacksonville, FL 32212-0016; Telephone: (904)-542-3168, ext. 113; Fax: (904) 542-5866; Email: brinksm@navair.navy.mil.