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Alternative Dispute Resolution
A Resource Guide

Section III: Shared Neutrals Programs

One of the key elements of a typical Federal ADR program is the use of a third party individual or "neutral" to help resolve workplace disputes. Most commonly the neutral will work as a mediator under such programs. Other programs may call on the neutral to work as a facilitator or a factfinder or to work in a combination of these or other roles. In some cases, neutrals may team up and co-mediate disputes. In whatever manner the neutrals are used, their services can be very costly. Costs may be several hundred dollars per day plus expenses.

In order to reduce their costs in pursuing the use of ADR in resolving workplace disputes, Federal agencies often have worked together to share their resources. In some cases, they have developed formal programs for "sharing" neutrals used in ADR applications. A number of collaborative and cooperative efforts were accomplished through local Federal Executive Boards (FEB). [The Guide provides a listing of FEB web sites in Section VI, ADR Web Sites. Some of these sites provide information about standing FEB ADR committees, with some providing very detailed information about their operating shared neutrals programs.]

In this section, the Guide provides summary information about several current shared neutrals programs. Each summary describes how the program works, the background/objective of the program, the duration/current activity of the program (how long it has been operating and its results), the rules governing the program, the member agencies of the program, and the names of individuals who can be contacted for additional information about a particular program.

The basic concept of a shared neutrals program is that agencies "share" employees who are qualified to serve as neutrals. For example, an employee of one agency may act as a mediator for a dispute in a second agency. The second agency, in turn, would provide a similarly-qualified employee to mediate a dispute in the first agency as needed. In each instance, the employer of record would continue to pay the mediator's salary, but the agency receiving the mediator's service would pay other expenses such as travel. This arrangement is typically accomplished by written agreement of the program's participating agencies. While the monetary benefits of using ADR may be judged in terms of costs avoided (early resolution of a disputes avoids costly litigation in formal processes including the courts), the avoidance of "up front costs" such as paying mediators' fees contributes to actual monetary savings once an agency decides to use ADR to resolve the dispute.

Atlanta Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
The CDC and ATSDR Alternative Dispute Resolution Office manage the program. They service locations within a 50-mile radius of Atlanta. However, if an agency requests that mediator travel outside of the metro Atlanta area, the requesting agency covers any costs associated with traveling. When an agency identifies the need for an outside mediator, the contact person for that agency notifies the CDC ADR office and a mediator is assigned. The mediator contacts the parties, schedules and coordinates the mediation. During the mediation the parties have a chance to describe the situation and to provide specific information from their experience and perspective. Using a variety of techniques and skills, the mediator assists the parties in exploring the cause(s) of the dispute, identifying the issues, and assessing alternatives for resolution. The program covers all types of workplace disputes and includes mediation of cases for the Equal Employment Opportunity Office.

Background/Objective
The program was established to help the Atlanta Federal Community employees in resolving workplace disputes quickly and effectively at minimal cost.

Duration/Current Activity
The program was initially established in 1996, as a reciprocal arrangement ith Federal agencies in Atlanta. A cadre of 20 volunteer federal employees from various agencies in the Atlanta Metropolitan area is trained in mediation and available to conduct mediations. The program has since grown to a cadre of 40 federal employees representative f approximately 20 local federal agencies. It routinely receives requests from various federal agencies having employees located throughout the southeast region of the country. About 95% of the ases are settled with one mediation session of four to six hours. Members of the Shared Neutrals cadre have opportunities to enhance heir knowledge and skills by observing mediation in various contexts through a collaborative initiative with a local court ADR program.

Rules Governing the Activity
The program operates under the direction of the Atlanta CDC/ATSDR ADR Office.

Contact
Reba Rivera, Director, ADR, CDC/ATSDR, 1600 Clifton Road, ATTN: MS D-67, Atlanta, GA 30333; telephone 404) 371-5917; Email: ror5@cdc.gov; fax (404) 371-5923.

Chicago Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
Agencies wishing to participate must first notify the FEB's Shared Neutrals ADR Program (SNAP) Committee through a formal letter. This letter must identify the agency liaison, the types of cases that the agency wishes to exclude from the program and any other specific requirements of the agency. When all parties within an agency have agreed to utilize the Shared Neutrals ADR Program (SNAP), and have signed the Agreement to Mediate, the Agency Liaison then contacts the SNAP Intake Coordinator, an individual from the SNAP Committee, by calling the toll-free SNAP Hotline (877-886-SNAP). The Intake Coordinator obtains all the necessary information and assigns a primary mediator and a co-mediator. The mediators contact the Agency Liaison to arrange a time and place for mediation. The mediators conduct the mediation and report back to the Intake Coordinator providing information about the type of dispute, whether it was settled, and the amount of time the process took. The program is available for all types of workplace disputes, including those involving external and inter-agency issues. While there is no cost to use the program, participating agencies have agreed to reimburse the cost of the mediators' travel should that be necessary.

Background/Objective
The program was established to assist the Federal agencies in the Chicago metropolitan area in resolving workplace disputes by providing an interagency pool of trained mediators. At the same time, it was also formed to provide a cost-savings to agencies by avoiding costly litigation and even more costly private sector consultants. The Chicago FEB developed the program through a series of informal discussions with two groups: those agencies that already had a dispute resolution program in place and those agencies interested in establishing one. These discussions, along with the survey results from the entire Federal community, led to the establishment of the Shared Neutrals ADR Program (SNAP) Committee as a formal committee of the FEB in the latter part of 1998. The SNAP Committee then developed the policy, procedures and details of the program.

Duration/Current Activity
The program began operations on July 1, 1999 and currently uses 43 trained mediators to provide dispute resolution services in a co-mediation model to over 33 Federal agencies. Approximately 56% of all cases are settled within one mediation session. Feedback from the users has been extremely positive about the program, the mediators and the process.

Rules Governing the Activity
The program operates under the direction and oversight of the Chicago Federal Executive Board's Shared Neutrals ADR Program (SNAP) Committee. Policy and procedures are outlined in the SNAP Informational Brochure and provided in detail in the Shared Neutrals ADR Program (SNAP) Handbook.

Program Members
Current members include the General Services Administration, Federal Aviation Administration, Environmental Protection Agency, Department of Veterans Affairs, Corps of Engineers, Commodity Futures Trading Commission, Department of Energy, Railroad Retirement Board, Defense Logistics Agency, Military Entrance Processing Command, Department of Agriculture, Department of Commerce, Department of Health and Human Services, Department of Labor, Department of the Navy, Customs Service, Federal Emergency Management Agency, National Labor Relations Board, National Weather Service, Office of Personnel Management, Social Security Administration, Immigration and Naturalization Service, Federal Bureau of Prisons, Securities and Exchange Commission, and the Small Business Administration.

Contacts
Jan Stinson, Executive Director, Chicago Federal Executive Board, 230 South Dearborn, Suite 3816, Chicago, Illinois 60604. Telephone: (312) 353-6790; Fax: (312) 353-3058; Email: jan.stinson@gsa.gov; SNAP Program web site address: http://www.chicago.feb.gov/snap.htm

Dallas-Ft. Worth Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
A designated point of contact for the agency obtains a signed agreement to voluntarily mediate from the parties to the dispute. The mediation agreement is passed on to the FEB's mediation coordinator. The coordinator selects two mediators from different agencies and arranges the mediation. The mediators (disputes under the program are co-mediated) conduct the mediation session and provide a written close-out to the coordinator covering such matters as the type of dispute involved, whether it was settled, and how much time the process took to complete. The program covers all types of workplace disputes and includes mediation of Equal Employment Opportunity cases.

Background/Objective
The program was established to help Dallas-Ft. Worth agencies resolve workplace disputes effectively at minimal cost. In particular, small agencies generally do not have adequate budgets or staff to have internal dispute resolution programs. The initial planning for the program was done by individuals from the Office of Personnel Management, the General Services Administration, the Department of Housing and Urban Development, and the Department of Health and Human Services. They were joined by other agencies to develop a two-year pilot program that was accepted by the Dallas-Ft. Worth FEB. Based on the pilot's success, the program was adopted by the FEB as a permanent program.

Duration/Current Activity
The program began operations in 1994 and uses over 50 trained mediators to provide dispute resolution services to more than 20 agency program members. About 80% of the cases are settled with one mediation session of four to six hours. It is estimated that each of the mediated cases saves an average of $10,000.

Rules Governing the Activity
The program operates under the direction of the Dallas-Ft. Worth FEB/ADR Committee.

Program Members
U.S. Army Reserves, Joint Reserve Base-Fort Worth; USDA, Animal & Plant Inspections Service; USDA, Natural Resources Conservation Service; Department of Education; Defense Contract Audit Agency; Environmental Protection Agency; Federal Aviation Administration; Federal Highway Administration; General Services Administration; Health and Human Services, Administration for Children & Families; Housing and Urban Development; Internal Revenue Service, Southwest Regional Office; Internal Revenue Service, Dallas District Office; Department of Justice, Community Relations Service; Bureau of Prisons: Federal Medical Center--Carswell, Federal Medical Center--Fort Worth, Federal Medical Center--Seagoville; Office of Personnel Management; Office of Thrift Supervision; Small Business Administration--Disaster Relief; Department of Treasury, Comptroller of the Currency; VA Medical Center--Dallas; and VA Outpatient Clinic--Fort Worth.

Contact
Gladean R. Butler, Executive Director, Dallas-Ft. Worth Federal Executive Board, 525 S. Griffin, Suite 870, Dallas, Texas, 75202; Telephone: (214)767-5370; FAX: (214) 767-5380; Email: gbutler@dfwfeb.com.

Denver Federal Executive Board
DFEB-ADR Consortium

Shared Neutrals

How the Shared Neutrals System Works
The Consortium uses existing talent among Federal agencies in a manner that eliminates the need for other more costly formal administrative processes and litigation. The program is a voluntary process that reinforces confidentiality and empowers employees to resolve their own disputes with the services of neutral mediators from agencies outside of the disputants' own agency at no direct cost. Participating agencies have agreed to accept the cost of travel and salary of the mediators in exchange for the services of the consortium. The use of the co-mediation model has created a system and process by which the talents of more experienced mediators in the consortium have acted as mentors and coaches for other mediators who may have only related experience in addition to the training. The program's Mediator Profile forms are used to match skills and backgrounds to create mediation teams that are more effective for each type of dispute. The parties in conflict describe the nature of the dispute using the program's Mediation Initiation Document. Mediators then use the document to plan strategies to narrow the issues and define the interests of the parties. The program received the Hammer Award in 1997.

Background/Objective
In 1995, the DFEB/EEO Committee proposed the program to executive members of the DFEB as a cost-effective means of resolving disagreements and avoiding litigation. The Committee has served as the sponsor of this nteragency resource sharing project. The objective of the program is to realize cost savings by drawing on the talent and potential of a diverse Federal workforce and using its skills and experience in resolving disputes within the workplace. The program is intended to resolve disputes, often arising as a result of affirmative employment and diversity issues, in a manner that removes barriers and restores working relationships among all employees.

Duration/Current Activity
The consortium began operations in October of 1996 and currently uses thirty volunteer mediators who were certified through training in a co-mediation model. Surveys used in the program indicate positive attitudes among the users toward the mediators and the mediation process with relationships restored in each case. Program evaluation results including feedback from both mediators and participants is maintained in an automated database. The average amount of time spent in mediation is four to eight hours at an average cost of $614.39, including administrative time, mediator salaries, and travel costs. Based on a cost analysis completed by the consortium, the cost-savings per mediation case is conservatively estimated at $4,885.61.

In January 2000, the DFEB Interagency ADR Consortium began a partnership with the Equal Employment Opportunity Commission (EEOC) Denver/Metro area. The partnership is a win-win situation for both the DFEB Interagency ADR Consortium and the EEOC. The co-mediators have gained more hands-on experience and the EEOC has witnessed a significant number of cases resolved from their backlog. In the first four months of this partnership, the DFEB Interagency ADR Consortium assisted with more than 125 cases of which 46% were settled.

Rules Governing the Activity
The operation of the consortium is defined in a comprehensive document developed by the EEO/ADR Committee that outlines roles, responsibilities, procedures, and program evaluation.

Program Members
Colorado National Guard; National Oceanic and Atmospheric Administration; National Institute of Standards; Health and Human Services; Food and Drug Administration; Department of Energy; Department of Labor; Defense Finance and Accounting; Western Area Power Administration; Department of Agriculture; Minerals Management Service; Environmental Protection Agency; Peace Corps; Internal Revenue Service; Federal Labor Relations Authority; Department of the Interior; and Department of Veterans Affairs.

Contact
Charles Marquez, Consortium Coordinator; P.O. Box 281213 - Mail Code AO300, Lakewood, CO 80228-82; Telephone: (720) 962-7040; FAX: (720) 962-7041; Email: marquez@wapa.gov.

Greater Los Angeles Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
Each participating Federal agency appoints an Agency Coordinator, often the EEO or Labor Relations Manager, to work with the SMART (Shared MediAtoR Team) Manager, who works for the Greater Los Angeles Federal Executive Board (FEB). When a dispute arises, the Agency Coordinator completes the Request and Intake Form and faxes or e-mails it to the SMART Manager. The SMART Manager identifies an appropriate co-mediation team from other agencies from a pool of trained mediators, confirms their availability and provides them with the Agency Coordinator's contact information for setting up the mediation. The Consent to Mediation Form is signed by the Parties, Representatives, Agency Coordinator, and Mediators before the mediation. If agreement is reached, the Settlement Agreement is used. At the conclusion of the mediation, the co-mediation team provides the parties with the required Confidential Customer Feedback Form and completes the Confidential Feedback From Mediator Form. The Agency Coordinator completes the Confidential Feedback From Agency Coordinator Form. The SMART Manager receives all the forms, which are kept strictly confidential. SMART is available for all types of internal workplace disputes at any stage, including EEO complaints and grievances. There is no cost to the using agency except mediator travel expenses, if any. SMART covers the southern half of California, with occasional southern Nevada and Arizona cases.

Background/Objective
The primary SMART goal is to help parties resolve workplace disputes economically and expeditiously to improve workforce communication, morale, and relationships. Using SMART trained mediators, the parties avoid costly private-sector mediators and expensive and time-consuming litigation. A secondary objective is to develop the professional expertise of the SMART mediators as a valuable resource for Federal agencies.

Duration/Current Activity
The formal SMART program, started in 2001, was preceded by a successful informal shared neutrals effort begun around 1995. SMART currently has 50 volunteer mediators from 8 Federal agencies available to resolve cases in one day or less, using co-mediation in any requesting agency outside their own. Using agencies typically pay only one day's local mileage and parking for the co-mediators, compared to the going local rate of about $5,000 a day for one private-sector mediator and the average cost of a formal EEO complaint that does not go to court, $16,372.

Rules Governing the Activity
The SMART Handbook and Forms Packet, which explain the program and procedures, are available as hard copies or at the FEB website, www.losangeles.feb.gov. Completion of feedback forms is required by all parties, mediators and coordinators for program assessment and improvement. The FEB operates the program using an experienced Federal manager on a long-term detail as the SMART Manager.

Program Members
Any Federal agency within the FEB territory may use SMART on an ad hoc basis. State and local government agencies may also apply.

Contact
Andrea Winkler, SMART Manager, Greater Los Angeles Federal Executive Board, 300 North Los Angeles St., MS 7000, Los Angeles, CA 90012; Telephone: Dial 800 735 2922 (CA Relay Service) and Request 213 576 3091 (TTY); Fax 213 576 3092; Email: andrea.winkler@irs.gov; Website www.losangeles.feb.gov.

Honolulu-Pacific Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
Federal agencies in Hawaii have access to the Federal Informal Resolution System Team (FIRST) ADR program which is managed by the Human Resources Service Center, Pacific EEO Department. FIRST is comprised of trained civilian and military mediators from various Federal agencies in Hawaii. The program overs EEO complaints, grievances and any other work-related disputes that may be resolved through mediation. Anyone may refer disputes to FIRST by calling the intake coordinator. A written request for mediation is only required if the disputes involve discrimination complaints or grievances.

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 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.

Rules Governing the Activity
The program operates under the leadership of the Navy HRSC Equal Employment Opportunity Director. Neutrals are nominated by their supervisor to attend training and must successfully complete the Navy's Mediation Certification program or have documented experience as a mediator. Each activity is responsible for funding its mediator's formal training program and must allow the mediator to mediate, at a minimum, two disputes per year and attend all of the training required by the Department of Navy for certification. 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.

Program Members
Mediation services are FREE and available to all Federal agencies in Hawaii.

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 Fax: (808) 471-3328; Email: Cynthia_pierson@pac.hroc.navy.mil.

Houston Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
The Houston Federal Executive Board uses the standard model of co-mediation. Procedures are kept simple. After receiving a request, the Executive Director for the program solicits support from the cadre of mediators to determine who is available to participate. Once a mediator has been assigned a case, the lead mediator will contact the agency coordinator to work out specific details to set up the mediation. That usually includes time, date and place. The Executive Director maintains a listing of all current mediators along with location, phone number, and email address. To date, that list contains 35 mediators with a core of eight.

Background/Objective
The Houston FEB Shared Neutrals Program began with the creation of an ADR Steering Committee to establish policy and procedures along with guidance and regulations on how this program would operate. The committee developed the foundation for the program and developed specific forms to be used in the mediation process such as checklists for the mediator, consent to mediate forms, surveys for both parties to complete at the end of mediation, and an observer critique.

The goals and objectives were straightforward: to provide ADR services to the many Federal agencies in the Houston/Galveston area at no cost to the agency, whereby complainants and the agency alike would have a neutral third party available to help resolve disputes.

Duration/Current Activity
The Shared Neutrals Program was established in 1999. The program maintains and builds a roster of Federal employee mediators through an ongoing training and certification program. A 40-hour mediation course is offered on average, twice yearly. The course is usually attended by no less than l5 individuals and most are interested in serving as mediators for the FEB after certification. As interest wanes or workload does not allow people to participate, the continuing training opportunity brings in new mediators. In addition, a mediators meeting is held on roughly an annual basis, providing an opportunity for mediators to share best practices as well as problem experiences and learn new strategies to use in mediations.

The Shared Neutrals Program has serviced approximately 22 separate Federal agencies in the Houston/Galveston area to date, and with its reputation growing, it has also provided service to approximately 10 Federal agencies outside its local servicing area. This year, 76 percent of the mediations conducted ended in settlement and successful resolution of the dispute, and requests for mediations continue to grow.

Rules Governing the Activity
Mediator qualifications for participating in the program are a 40-hour accredited training course and two co-mediations. The Executive Director receives feedback from surveys that must be completed by the participating complainant and agency representative.

Contact
Mike Mason, Houston FEB Director, 1919 Smith Street, Suite 632, Houston, TX 77002; Telephone: (713) 209-4524; Fax: (713) 209-3465; Email: hfeb@ev1.net.

Louisville, Kentucky And Southern Indiana
Federal Alternative Dispute Resolution Council (FADRC)

Shared Neutrals

How the Shared Neutrals System Works
The Federal Alternative Dispute Resolution Council (FADRC) developed and maintains a mediation service of shared neutrals for resolution of workplace issues within the federal government in the geographic area of southern Indiana and the Louisville, Kentucky commuting area. This program provides pro bono mediation support for EEO claims and grievances as well as other subjects of dispute, such as prison mediation and contract disagreements. If a federal government entity requests that a mediator travel outside of the metro Louisville area, the requesting agency covers any costs associated with traveling.

When an agency identifies the need for an outside mediator, the contact person for that agency notifies the FADRC coordinator and co-mediators are assigned. The FADRC coordinator notifies the agency contact of the mediators' names and telephone numbers, and then the agency contact for FADRC contacts the parties, and schedules the time and location for the mediation. Normally, the mediators are paired with a more experienced mediator and a newer mediator. The gender and ethnicity of the parties involved are also considered when assigning mediators.

During the mediation, each party has a chance to describe the situation and to provide specific information from their experience and perspective. Using a variety of techniques and skills, the mediators assists the parties in exploring the cause(s) of the dispute, identifying the issues, pointing out the commonalities of both parties' goals in resolution, and assessing alternative solutions. The program covers all types of disputes and includes mediation of cases for local unions, the Equal Employment Opportunity Offices in the area, and other sources of conflict in the workplace.

Background/Objective
The FADRC was established and funded in 1994 from a joint project of the Federal Executive Association and the Federal Bar Association in the Louisville area to assist federal employees in resolving workplace disputes quickly and effectively at minimal cost. Initially a seven member-working group developed the concept of FADRC and secured funding for training. A cadre of 30 volunteer federal employees from various agencies in the Louisville Metropolitan area were trained in mediation techniques by the Council on Peacemaking and were certified to conduct mediations. The program has evolved to include both federal and local government employees, as well as retirees who represent 12 different local agencies. All mediators are required to have updated training in state-of-the-art mediation techniques on an annual basis in order to stay on the roster as an active mediator.

Current Activity
FADRC routinely receives requests from various federal agencies having employees located throughout the southeast region of the country. The majority of the cases mediated are settled with one mediation session of four to six hours. Surveys used in the program indicate positive feedback from both disputing parties toward the mediators and the mediation process. Program evaluation results including feedback from both mediators and participants are maintained in an automated database. Members of FADRC have opportunities to enhance their knowledge and skills by observing mediations in various contexts through a collaborative initiative with a local prison mediation program, the University of Louisville, and Sullivan University.

Contact
Linda Ritter, President, FADRC; Small Business Administration, 600 Dr. Martin Luther King, Jr. Drive, Louisville, KY 40202; Telephone: (502) 582-5761; Email: Linda.Ritter@sba.gov.

Carol Stubblefield, Mediator Coordinator, FADRC; U. S. Census Bureau, National Processing Center, 1201 East Tenth Street, Bldg. 63-G, Jeffersonville, IN 47132; Telephone: (812) 218-4518; Email: Carol.A.Stubblefield@census.gov.

Genora Birdsong, Mediation Scheduler, FADRC; U. S. Census Bureau, National Processing Center, 1201 East Tenth Street, Bldg. 66/141, Jeffersonville, IN 47132; Telephone: (812) 218-3472; Email: Genora.Louis.Birdsong@census.gov.

Anthony Belak, Executive Director; The International Center for Dispute Resolution at Sullivan University, 3101 Bardstown Road, Louisville, KY 40205; Telephone: 1-800-844-1354; Email: tbelak@sullivan.edu.

Oklahoma Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
office. FEB staff contacts mediators (in most cases, the program uses co-mediators) with the names of the parties, telephone numbers, and other pertinent information. If there is diversity (gender, race, union/management) in the parties requesting services, the program makes an effort to reflect the same diversity in the mediators assigned. Both management officials and union representatives serve as mediators. The mediators contact the parties to set up a date for the mediation session. The program may be used at any step of an agency's dispute process. The program does not cover cases where there are willful or criminal violations of law.

Background/Objective
Interagency mediation services were identified as an objective by the Oklahoma FEB's Executive Policy Council under the major goal of "reducing costs and improving efficiencies." The goal of the program is to make mediation services available from outside the requesting agency with no fee in order to resolve disputes at the earliest possible date, increase the quality of communication within the workforce, maintain a friendly and productive work environment, and reduce the cost and time involved with formal processes.

Duration/Current Activity
The program was implemented in April 1998. During its first 12 months of operation, it received requests for assistance in 60 cases, with 47 mediated. Of the mediated cases, 36 were resolved for an estimated savings of approximately $1,500,000 (costs avoided). In making this calculation, expected monetary costs for each stage of the discrimination complaint process were assigned using information from various sources of historical data and prior analysis. The resolution rate for mediated cases was 76%. The program has 45 mediators available for use.

Rules Governing the Activity
The operation of the program is controlled by the Oklahoma FEB and described in a guidebook available in hardcopy or on the FEB's web site. Mediators are trained in partnership with the State Supreme Court of Oklahoma, Oklahoma City VA Medical Center (VAMC), and the Equal Employment Opportunity Commission (EEOC).

Program Members
Equal Employment Opportunity Commission, Oklahoma City; Veterans Administration Medical Center, Oklahoma City; Agriculture, Natural Resources Conservation Services, Stillwater; Air Force, Tinker AFB; Interior, Bureau of Land Management, Moore and Tulsa; Department of Transportation, Federal Aviation Administration, Mike Monroney Aeronautical Center in Oklahoma City and Aviation Systems Standards; Department of Treasury, Internal Revenue Service, Oklahoma City; Department of Veterans Affairs, Medical Center in Oklahoma City and Regional Office in Muskogee; United States Postal Service, Norman and Oklahoma City, and other field offices and activities of the Federal Government in the Oklahoma area.

Contact
LeAnn Jenkins, Director, Oklahoma Federal Executive Board, 215 Dean A. McGee, STE 320, Oklahoma City, OK 73102-3422; Telephone: (405) 231-4167.

Oregon Federal Executive Board

How the Shared Neutrals System Works

Shared Neutrals in the Pacific Northwest Region currently has 26 participating agencies (federal, state, city and county). Agencies wishing to participate must notify the Shared Neutrals Program Coordinator through a formal letter. This letter must identify the agency liaison, what kinds of cases they will accept, in what way their agency will participate in Shared Neutrals (i.e., trained neutrals, meeting spaces, etc.), travel and reimbursement policy and any other specific requirements of that agency. The program is available for all types of workplace disputes, within the guidelines of each agency. While there is no cost to use this program, participating agencies usually agree to reimburse the cost of the mediators' travel, when needed.

Each case comes to the SN Program Coordinator through the Agency Liaison, who initially screens whether the case is appropriate for mediation. The Program Coordinator collects party information, sends out a letter and sample Consent to Mediate form to the parties, and assigns a mediation team consisting of primary and co-mediator. Using a Mediator Checklist, the mediators do case development and arrange a time and place for the mediation. At the mediation, all participants must sign the Consent to Mediate form, which is sent to the Program files at close of the mediation, along with the mediator paperwork, party evaluations and co-mediator critiques. All documents are kept strictly confidential.

Background/Objective
The Oregon Federal Executive Board (OFEB) adopted the Shared Neutrals Program as a pilot in November 1996, following a model of similar programs. The Program was formally adopted in November 1997. This program is designed to serve three objectives:

  1. Provide agencies with low cost and flexible access to sophisticated dispute resolution services
  2. Provide disputing individuals with accessible, timely and confidential neutral (mediation) services
  3. To support a diverse cadre of trained and experienced neutrals who mentor less-experienced neutrals from other agencies on a collateral duty basis.

Duration/Current Activity
The Program has been in official operation since November 1997, and currently uses 40 trained mediators to provide dispute resolution services in a co-mediation model to 26 federal, state, city and county agencies. Of the cases that go to session, approximately 80% are considered successful. User feedback has been very positive about the program, the mediators and the process.

Rules Governing the Activity
The program operates under the direction and oversight of the Shared Neutrals Subcommittee. The Subcommittee consists of 7 - 12 members, including a Chair and Co-chair. Policy and procedures are provided in detail in the Shared Neutrals Program Guide, available on-line at the web site below.

Program Members
As of March 2003, current members include:

  • FEDERAL
    • Albany Research Center, Department of Energy
    • Army Corps of Engineers, Portland District
    • Bonneville Power Administration
    • Bureau of Indian Affairs, NW Region
    • Bureau of Land Management, Oregon State Office
    • Chemawa Indian School, Bureau of Indian Affairs
    • Environmental Protection Agency
    • Indian Health Services, Portland Area
    • Internal Revenue Service, Pacific Northwest District
    • Small Business Administration
    • US Attorney, District of Oregon
    • US Customs, Department of the Treasury
    • USDA - National Agriculture Statistics Services OR SSO
    • US Forest Service, Region 6 (Pacific Northwest)
    • Department of Veterans Affairs - Medical Center (Portland)
  • STATE
    • Centennial School District, Portland;
    • Dept. of Corrections, Human Resources, SW Region South (Vancouver, WA);
    • Dept. of Social Health Services, Division of Child Support, (Vancouver, WA)
    • Oregon Military Department.
  • LOCAL
    • City of Beaverton
    • City of Gresham
    • City of Milwaukie
    • City of Portland
    • City of Vancouver, Washington
    • City of Wilsonville
    • Clark County, Washington

Contacts
Fran Petersen, Subcommittee Chair, Bonneville Power Administration - KECP-4, PO Box 3621, Portland OR 97208-3621, Telephone: 503-230-5860, fjpetersen@bpa.gov
Karin Waller, Program Manager, OFEB, 1220 SW 3rd Ave., Ste.1776, Portland OR 97204-2823, Telephone: 503-230-3536, ofeb@pcez.com;
Shared Neutrals Website: www.oregon.feb.gov/SharedNeutrals.htm

Pittsburgh Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
Each participating agency names one person as a Mediation Contact (MC). Within an agency, disputants may individually contact the MC who, in turn, calls or sends a fax to the FEB/ADR coordinator if services are needed. The coordinator contacts the disputants, the mediator(s), and the agency MC to set up a time and place for mediation. After the mediation, the process is evaluated by the participants. The program covers all types of internal personnel disputes including agency grievances, informal disputes between employees and groups of employees, and Equal Employment Opportunity complaints. The program can also be used for external disputes with agencies' customers, clients, or other Federal agencies.

Background/Objective
The Pittsburgh FEB began the developmental process by holding information seminars which resulted in the formation of the FEB/ADR Committee. The Committee included representatives from both labor and management and devised the consortium program. The goals of the program were to promote the use of ADR by Federal agencies within the Pittsburgh FEB and to share resources by building an interagency cadre of skilled, professional mediators. In partnership with the Federal Mediation and Conciliation Service, 22 mediators were trained in the first class in 1995.

Duration/Current Activity
The program has been operating since 1995. The average mediation takes eight hours with about 80% of the cases being settled. A majority of the cases involve EEO matters. The FEB is currently a partner with the Pittsburgh ADR Business Alliance and is helping promote ADR in the private sector.

Rules Governing the Activity
The policy and procedures for the program are contained in a booklet, Interagency Alternative Dispute Resolution Consortium, developed by the Pittsburgh FEB/ADR Committee and available in hardcopy or on the FEB's web site. The Committee maintains oversight of the program.

Program Members
Federal agencies within the Pittsburgh Federal Executive Board.

Contact
George P. Buck, Executive Director, Pittsburgh Federal Executive Board, 406 Wm. Moorhead Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222; Telephone: (412) 395-6607; FAX: (412) 395-4402; Email: gpb920@aol.com; Consortium web site address: www.pittsburgh.feb.gov/pitadr.htm.

Portland Federal Executive Board

Shared Neutrals

How the Shared Neutrals System Works
Each participating agency notifies the FEB ADR Subcommittee through a formal letter that it intends to participate in the program. This letter also identifies an agency liaison, the types of cases it wishes to exclude from the program, the person within the agency who may authorize mediation, and other specific information. Mediators from the program roster may mediate anywhere but the requesting agency is responsible for any travel costs involved. The program focuses on internal agency disputes but is also available for external and inter-agency mediations on a wide range of issues including contracting, environmental, etc. Neutrals are typically obtained by agency liaisons working with the program intake person (a member of the ADR Subcommittee).

Background/Objective
The Portland FEB has developed and sponsored the program to facilitate the use of ADR among local and state government and Federal agencies. Its objective is to permit participating agencies to draw from the program's roster of ADR neutrals and use the services free of charge and with minimal paperwork. A keynote of the program is flexibility for individual agencies on how they may access and use the program.

Duration/Current Activity
The current program was originally set up to run as a pilot from October 23, 1996, to October 23, 1997. The program continues to operate as set up in the pilot.

Rules Governing the Activity
The Portland FEB has issued the ADR/Shared Neutrals Program Handbook which describes the program and its requirements. The FEB ADR Subcommittee provides oversight of the program.

Program Members
Members of the FEB ADR Subcommittee include individuals from the Bonneville Power Administration; Environmental Protection Agency; Bureau of Land Management; U.S. Forest Service; Clark County (Washington); Portland/Multnomah County; Indian Health Service; and Army Corps of Engineers.

Contact
Fran Petersen, Chair, Shared Neutrals Committee Chair, Bonneville Power Admininstration, P.O. Box 3621, Portland, OR 97208. Telephone: (503) 230-5860.

Federal Executive Board
Intergovernmental Dispute Resolution Consortium

Shared Neutrals

How the Shared Neutrals System Works
Each participating agency appoints an Agency Coordinator who is the focal point for the initial screening of requests for services from that agency and who coordinates all logistical arrangements within the agency, including payment of travel expenses. When a disputes arises, the Agency Coordinator contacts the Consortium In-Take Coordinator who, in turn, contacts the parties to provide them with information about the program. If mediation is desired, the Intake Coordinator coordinates the time and location of mediations and finds mediators for the parties. The consortium uses a co-mediated, eight step method for all mediations

Background/Objective
In 1993, a steering committee was established by Michael Walsh, then of Health and Human Services, and Deborah Diamond, Internal Revenue Service, to design a program to support ADR in the Federal community. The program was designed specifically to support a consortium of Federal mediators who would be able to provide free services to all agencies. Their program proposal was adopted by the Seattle Federal Executive Board

Duration/Current Activity
The consortium began offering services in 1993 with 273 mediations in the last three years ending in 1998 (120 cases were completed in 1998). The settlement rate for all cases (excluding EEO cases) is approximately 87%. Where the consortium mediates for another Federal agency, the success rate is 97%. The consortium provides services to any Federal, state, county or local government agency that provides a written request for services.

Rules Governing the Activity
Requirements for the program are set by the consortium members themselves, and include very stringent qualifying requirements for mediators used by the member agencies.

Program Members
Federal agencies, Washington State, King County (Washington), City of Seattle, and Port of Seattle.

Contacts
Chris Koser, ADR Program Manager, Seattle Federal Executive Board ADR Consortium, 7600 Sand Point Way NE WRC-1, Seattle, WA 98115; Telephone (206) 526-4144 or (206) 615-2733; FAX (206) 526-6660; email chris.koser@noaa.gov or sfeb@mindspring.com; or Ann Marie Stacker, Chair, Social Security Administration, Seattle, WA; Telephone: (206) 615-2241. Consortium web site address: www.seattle.feb.gov/mediation.htm.

Washington, DC - Baltimore Metropolitan Area - Sharing Neutrals

Shared Neutrals

How the Shared Neutrals System Works
In order to participate in Sharing Neutrals, agencies agree to contribute in some way to the effort. That contribution can take a number of forms, ranging from time volunteered by trained mediators to administrative support. Procedurally, when a participating agency needs mediators, the agency will contact Sharing Neutrals. Within 48 hours, Sharing Neutrals provides the requesting agency with the names and addresses of at least two mediators and two co-mediators. Most of the referrals are made randomly from the mediator/co-mediator pool. However, if the circumstances of the case warrant, mediators may be identified who either have specialized expertise or otherwise seem to be particularly suited to the type of case. The requesting agency contacts the mediators and co-mediators directly to determine their interest and availability. The primary ADR technique used is mediation. At the conclusion of mediation, all parties complete evaluation forms for return to Sharing Neutrals.

Background/Objective
Sharing Neutrals is administered by the Department of Health and Human Services (HHS). The programs primary mission is to provide low cost, high quality neutrals to Federal agencies. Since inception, it has grown to 41 participating Federal agencies and over 200 mediators and co-mediators. These federal employees provide their services on a collateral duty basis. Mediation is available at no cost, except reimbursement of travel expenses.

Duration/Current Activity
The program began as a pilot in the mid-1990's. It moved to being an on-going program after one year. HHS took over the administration of the program in 1995, assuring its continued existence. Initially, agencies used the program to address EEO issues. Today, the program also handles requests for mediation of grievances and interpersonal disputes.

Rules Governing the Activity
Neutrals must meet minimum requirements including successful completion of a 20-hour mediation skills course, specified mediation experience, and references. Senior mediators must have significant documented mediation experience. All roster members and participating agencies agree to abide by the Sharing Neutrals Standards of Practice and the confidentiality principles outlined in the Administrative Dispute Resolution Act of 1996.

Agencies using the program must go through the program administrator for mediator referrals. They should not contact Sharing Neutrals without a referral for a specific case. Because neutrals provide services as a collateral duty, with supervisory approval, acceptance of assignments outside Sharing Neutrals could jeopardize employee rights and benefits.

Program Members
Primarily Washington-Baltimore Federal agencies.

Contact
Peg Porter, Administrator-Shared Neutral Program, Health and Human Services, 200 Independence Avenue, SW, Room 637-D, Washington, DC 20201; Telephone: (202) 401-2847; FAX: (202) 690-5863; Email: Peg.Porter@hhs.gov.



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