ADR Technique: Multiple Techniques

How the ADR System Works
The Conflict Prevention and Resolution Center (CPRC) provides Alternative Dispute Resolution Services to increase the prevention and early resolution of workplace and agency program conflicts at U.S. Department of Agriculture (USDA) through the application of conflict management skills and the use of Alternative Dispute Resolution (ADR). We focus on helping employees and programs resolve conflicts among themselves and with their customers. The ADR techniques used are conciliation, facilitation, fact-finding, and mediation. Additionally, we have expanded our services to provide large and small group interventions. Employees and customers may request help resolving a conflict by calling our toll free number 1-888-428-8961, or by accessing the CPRC website: www.cprc.usda.gov; then click on "Report A Conflict".

Background/Objective
In 1998, USDA established the Conflict Prevention and Resolution Center (CPRC) in Departmental Administration (DA). CPRC was charged with acting as USDA's hub for ADR activity relating to workplace disputes, providing coordination and policy for agency ADR programs, and directing ADR services for DA and Departmental office employees. CPRC prepared ADR policies issued by the Secretary in 1998 and 2000. In 2000, CPRC's role expanded to include program disputes involving USDA external customers. Today, CPRC roles include policy issuance, case consultations and assessments, neutral "locator" services, support for agency/mission area ADR programs, and educational services. Key objectives of CPRC are the ensurance of high quality, efficient, and effective ADR services and to coordinate and provide uniformity to the department-wide implementation of the ADR regulations by agencies within USDA.

Duration/Current Activity
Since 1998, USDA's ADR efforts have been recognized with two prestigious awards. In October 2000, the Director of the Office of Personnel Management (OPM) honored the National Finance Center (NFC) with its annual OPM Directors Award for Outstanding ADR Programs. Additionally, the Secretary of Agriculture honored the NFC program for its unique Inclusion University, conciliation program, and other innovations in conflict management. Although progress has been made in using ADR throughout USDA, CPRC recognizes that USDA still has not achieved optimum success. CPRC has contracted with the Indiana Conflict Resolution Institute to conduct an evaluation to identify ways to improve the effectiveness, cost benefits of, and to lower barriers to the use of our ADR. CPRC is also completing an interagency agreement with the U.S. Institute for Environmental Conflict Resolution to assist USDA in resolving natural resources conflicts.

Rules Governing the Activity
CPRC developed and issued the USDA's first Departmental Regulation for Alternative Dispute Resolution. CPRC accomplished the development phase in conjunction with the Office of Civil Rights (CR). The ADR Regulation states USDA's policy, including the goal that agencies and employees participate in ADR with an open mind, a willingness to listen to others, and a desire to resolve differences. CR, in collaboration with CPRC, issued its modified Equal Employment Opportunity (EEO) Complaint Processing Manual. The amendments implement the new Equal Employment Opportunity Commission's regulatory requirements to make ADR a permanent part of USDA's EEO Complaint Process. USDA agencies will, as a result, offer ADR to employees in the informal stage of the complaint process as an alternative to traditional EEO Counseling in all almost circumstances.

Contact
Jeffrey Knishkowy, Director, USDA Conflict Prevention and Resolution Center 1400 Independence Avenue, Mail Stop 9407, Washington, D.C. 20250-9407, or visit us at: 501 School Street, SW, Room 300; Phone: (202) 720-7664; Fax: (202) 720-8848; Email: jeff.knishkowy@usda.gov and website: http://www.usda.gov/cprc/

ADR Techique: Mediation

How the ADR System Works
The Conflict Prevention and Resolution (CPR) Program was established in 1996 to provide mediation and conflict management training throughout the agency. The Program has evolved mainly because experience taught us that when two employees in the work unit are in conflict, it more time oft than not, involves organization dynamics that feed the conflict between the two employees. Experience has also taught that when a working unit requests conflict management training, there is usually a reason that the training is being requested at that time. What began in 1996 as a mediation program, has expanded into being a program that maximizes a full scope of ADR methods in improving personal communications between parties, develops and preserves professional working relationships within working units, provides on-point training to develop skills for effective communication, conflict management and emotional intelligence competencies in leadership and coaching/consultations for individuals in how to proceed in having a difficult conversation or managing a conflict productively.

The APHIS, CPR Program is unique in that it does not provide ADR to EEO pre-complaints or complaints. That responsibility resides within the Civil Rights Enforcement and Compliance Program within APHIS. Consequently, the CPR Program is able to take a proactive approach in providing mediation to workplace conflicts very early in a dispute prior to the hardening of positions, and when appropriate, expanding the service to include any and all appropriate parties in the conflict, and addressing organizational dynamics that may be at the core of conflicts.

Background/Objective
The CPR Program was developed in response to employee surveys that identified types of disputes occurring throughout the APHIS workforce and the willingness of employees to use ADR. The primary objectives of the Program are: (1) create an environment of open communication, (2) resolve concerns and conflict informally and expeditiously, (3) build skill competencies for employees, supervisors and managers to take responsibility for appropriately managing conflict through coaching/consultations, mediations, group interventions and training, (4) provide opportunities for a wider range of creative solutions in the resolution of conflict, and (5) strengthen the ability of the agency to carry out its mission.

Duration/Current Activity
During the last fiscal year, a CPR poster was designed, distributed and posted at every work location. Additionally, a brochure explaining the full scope of services available was created and enclosed in every agency employee's earning and leave statement. The ongoing "theme art" of the APHIS, CPR Program is a purple dragon emphasizing, "Tame the Conflict Dragon." A purple dragon "squeezy" is given to every customer of CPR to encourage the continuation of effective conflict management. During fiscal year 2001, CPR conducted 108 mediations, trained 1,516 employees in conflict management, provided coaching/consultation to 1,923 individuals and provided a full range of ADR techniques to 96 intact working groups. In fiscal year 2002, CPR conducted 72 mediations, trained 1,118 employees in conflict management, provided coaching/consultation to 1,445 individuals and provided a full range of ADR techniques to 64 intact working groups. These activities are provided by a staff of on Branch Chief, five mediator/conflict resolution specialists, two mediator/conflict resolution assistants and one management assistant. There is also a cadre of collateral-duty mediators and facilitators who are called upon as their services are needed.

Contact
Juanda Rogers, Branch Chief, Conflict Prevention and Resolution Program, APHIS, 4700 River Road, Unit #5, Riverdale, MD 20737; Telephone (301) 734-4950, FAX: (301) 734-4938, E-mail: CPR@aphis.usda.gov.

ADR Technique: Multiple Techniques

How the ADR System Works
The key to the success of the Farm Service Agency (FSA) Workplace ADR Program has been a multiple-intervention approach to long term problem solving. This means that there is no cookie cutter approach to using ADR services for FSA workplace issues. What interventions are used, and how they are used, is determined on a case by case basis, taking into consideration the nature of the dispute, who is involved, and how long the dispute has been ongoing. The techniques used include: Consultation/Intake services; mediation; conflict management coaching; conflict management team building; situational leadership for problem-solving training; conciliation; facilitation; and customized interventions.

The vast majority of workplace disputes are appropriate for the FSA workplace ADR program. The types of issues addressed by the ADR program include, but are not limited to, conduct issues, early performance issues, grievances, unfair labor practices, poorly functioning teams, poor communication, etc.

Background/Objective
The Farm Service Agency (FSA) workplace ADR program was established in response to the ADR Act of 1996, as amended, and the Department's mandate to establish another forum for employees' to address workplace issues rather than the traditional EEO and grievance processes. The FSA workplace ADR program services nearly 30,000 individuals, located in 2,200 field offices, as well as facilities in Washington, D.C., St. Louis, Missouri, and Kansas City, Missouri. A substantial portion of the conflict in the agency stems from a 1995 reorganization. Within the first few months of implementing the initial ADR program, it became obvious that mediation would be inadequate to address the underlying issues driving much of the long-standing conflict in the organization. A multiple-approach program was adopted as a result.

Among its objectives and goals, the program has sought to:

• Resolve workplace conflict in order to have a more productive and happier workforce,
• Provide a cost-effective method for resolving conflict and resolve workplace conflict at the lowest possible level,
• Fewer grievances and E EO complaints
• Develop a workforce skilled and trained to resolve conflicts/disputes
• Long-term resolution of underlying conflict.
• Written agreement with accountability (Written agreements are not an expected outcome for mediation, however, where agreements are reached, we encourage written documents with measurable outcomes in order to hold the parties accountable.)

Duration/Current Activity
The Farm Service Agency (FSA) workplace ADR program was established in October 1999. The program is in the process of soliciting a 25-member Intake Cadre. It is envisioned that this cadre will do the intensive intake (assisting the parties in identifying issues, positions, and interests) in order to resolve the issue or prepare the parties for ADR, if appropriate. Each member of the cadre is expected to make a minima1 20 percent time commitment to the ADR program.

Contacts
LeAndrea D. Alsobrook, National Program Manager, Mail Stop 0591, 1400 Independence Avenue, SW, Washington, DC 20250-0591; Telephone: (202) 418-8982; Fax: (202) 418-9123; Email: leandrea_alsobrook@wdc.usda.gov.

ADR Technique: Ombuds/Mediation

How the ADR System Works
Most employees who work for the Food Safety and Inspection Service (FSIS) work as Federal Inspectors in privately owned meat and poultry slaughter and processing plants with limited telephone access. Therefore, the Voluntary Dispute Intervention Program (VDIP) established a toll free line that employees can use from any telephone to raise any kind of workplace complaint or concern. Program staff serve as ombuds for many types of problems raised, explaining policies and procedures, or referring the issue to the right office. Trained, collateral-duty mediators are available to assist in resolving disputes. After each mediation, the parties receive follow-up calls to assess the success of the resolution and assist with any problems.

Background/Objective
An agency task force was formed in 1996 to explore the use of mediation in dealing with workplace conflict. The task force involved union and management, and headquarters and field employees, to involve the broadest possible mix of stakeholders.

Duration/Current Activity
Currently, the program accomplishes about one formal mediation every two weeks, with 18 collateral duty mediators in the field, and 8 in headquarters. Feedback is received from participants through follow-up calls and postcard evaluation questionnaires they send to the policy office. Reviews have been positive. The staff is developing criteria for mediator selection, and has developed a one-day course in conflict management.

Rules Governing the Activity
Mediators are currently chosen from training, EEO, and labor and employee relations staffs. Additionally, all union Council presidents have been trained and have the option to serve as mediators, as do presidents of other employee organizations. All mediators receive training from a single provider. Cases involving allegations of serious misconduct or criminal activity are not accepted for mediation.

Contacts
Program Coordinator Richard Michael Reyes, 1400 Independence Avenue, SW, Room 3175-S, Washington, DC, 20250-3700; Telephone: (202) 720-5657; FAX: (202) 690-3938.

ADR Technique:- Multiple Techniques

How the ADR System Works
The Forest Service's Early Intervention Program (EIP) provides mediation and facilitation services on a nationwide basis to all agency employees. The Forest Service's 35,000 employees are responsible for managing 192 million acres of forest, grassland, and aquatic ecosystems. As the largest agency within the Department of Agriculture, the Forest Service also has the greatest number of discrimination complaints, which number in the hundreds yearly. The EIP was developed as an alternative method for employees to address working relationship problems, some of which lead to the filing of discrimination complaints and grievances. There are both internal and external mediators available. Presently, about 60 Forest Service employees have been trained and have experience in helping resolve a variety of workplace conflicts. Externally, mediators can be obtained from other USDA agencies, other government agencies, Federal Executive Boards, shared neutrals programs, or from private mediation services.

Background/Objective
The EIP can quickly respond to the need for conflict resolution assistance. Attempts are made to keep the intervention non-adversarial, and to address the underlying causes of the conflict. The parties directly involved in the conflict are instrumental in the problem's resolution. A mediator assists the parties in crafting an agreement that specifically addresses their problems in working together. Conceived originally as a process for dealing with any type of workplace dispute, EIP has an expanded role as the ADR resource for mediations of discrimination complaints.

Duration/Current Activity
As a Forest Service-wide program the EIP has consistently proven effective in resolving over 65% of non-discrimination cases. The average cost for a mediation that lasts from 4-6 hours is about $1,000 when an internal mediator is used, and about $1,500 for an external mediator. In Fiscal Year 2001, 469 contacts were made to the EIP. Of that number, 196 mediations were held.

Rules Governing the Activity
Participation is voluntary for all parties, although management is normally expected to participate. By agreeing to mediation, the employee does not relinquish the right to file a complaint or grievance, and the manager does not give up any authorities. Cases involving serious misconduct or criminal activity may not be appropriate for mediation through the EIP.

Contact
Dale Gentry, Manager, National Early Intervention Program, Forest Service, 1621 N. Kent Street, Room 603 RPE, Arlington, VA 22209; Telephone: (703) 605-4576; Fax: (703) 605-1566; email: dgentry@fs.fed.us

ADR Technique: Multiple Techniques

How the ADR System Works
Through the National Finance Center's (NFC) Conflict Prevention and Resolution Program (CPRP), disputing parties can quickly and informally resolve their conflicts using a variety of alternative dispute resolution approaches. Any employee, supervisor, manager or the NFC Director can initiate a request for alternative dispute resolution assistance when he/she feels that there is an issue/concern where a neutral third party would be of assistance or upon referral by NFC's EEO Counselor in lieu of the traditional counseling activities during the pre-complaint processing stage of the EEO Complaint Process. The program offers a combination of conciliation and/or mediation: (a) Internal Conciliation: using Conflict Management Specialists (CMS) who are members of the Workforce Services Staff (WSS). The staff serves as an independent extended arm of the NFC Director, with the staff's Chief serving as an ombudsman and chief administrator of the agency's CPRP. The staff's primary role is to work closely with managers, supervisors, and employees to resolve disputes at their earliest stages and to assist in the development of a variety of programs and activities designed to prevent and/or manage conflict. The program also uses Conciliators, a group of trained NFC managers with proven resolution skills, who serve as internal conciliators under a collateral assignment. They are assigned to work with disputing parties to clarify issues and assist in identifying interest-based solutions. They provide additional assistance by participating in the formal mediation process as an objective third-party on unresolved cases, to continuously encourage resolution and ensure that solutions meet the interest and needs of both parties. (b) Mediation: as a voluntary process, which typically occurs after unsuccessful efforts at resolving conflict using conciliation. The disputing parties may choose internal or external mediators to assist in resolving the dispute.

Background/Objective
In October 1997, the NFC instituted a "Morale Improvement Program" by establishing the Workforce Service Staff (WSS) whose core functions entail eliminating the causes of low morale by putting in place an effective, expeditious process for informally resolving any type of conflict that may arise in the workplace, and instituting new programs or improving existing programs to significantly improve morale. The WSS Chief is charged with not only providing an informal arena to resolve formal employee grievances, appeals and complaints, but to simultaneously eliminate the source of the problems at the root cause, by using a wide variety of conflict prevention and resolution approaches, including ADR, to make the agency's resolution efforts more efficient and effective.

While some components of the CPRP offer dispute resolution through corrective action or remedial measures, other programs focus on prevention through re-education processes, and recognizing and awarding employees who accept the challenge to improve employer-employee relationships. Some early intervention and prevention programs are: The NFC-Inclusion University whose primary purpose is to increase diversity awareness through a semester based self-education program which incorporates facilitated dialogue sessions, which in turn, increase management and employee communication competencies. Participants receive credit for their studies which count towards a special agency degree at either the Associate, Bachelor, Master, or Doctorate level. The Work Environment Analysis Program can prevent multiple complaints in a work area from occurring. The process may be invoked by employee, supervisor, manager, or by the NFC director requesting assistance from the WSS to initiate a review of an entire organization in order to resolve group issues of concern that may be negatively affecting morale and productivity before they become (multiple) complaints. The Work Unit Appreciation Program recognizes work units as they steadily progress as a motivated team and improve the morale and productivity of their organization. The employees conduct self-evaluations of their respective work units and recognition is based on their collective assessment. Other programs such as the Discipline Prevention Program and the Mentor Program are developed and awaiting implementation. All of these programs are innovative in scope and they challenge and expand the very definition of alternative dispute resolution.

Duration/Current Activity
Since the WSS was established in October 1997, approximately 82% of all cases that were processed through the CPRP were either resolved through conciliation, mediation, or withdrawn without further action. As a result of the WSS conciliation, all previous ULPs were resolved, and only 4 have been filed since the establishment of WSS; of those filed, 3 were resolved in the conciliatory stage by the WSS. Only one ULP remains unresolved. Additionally, the NFC experienced a 31 percent reduction of the number of EEO complaints over a period of 15 months.

Rules Governing the Activity
The election to use conciliation and/or mediation is voluntary on the part of the aggrieved employee. However, agency supervisors and managers have a duty to cooperate in the ADR process once it has been determined that it is a matter appropriate for ADR. The American Federation of Government Employees, Local 2341 has entered into a labor/management partnership agreement wherein the parties jointly agree to initially offer and use the NFC's CPRP, namely internal conciliation, external mediation, and the services of the CMS to settle concerns/conflicts of bargaining unit employees. The program is governed by policies and procedures set by the agency.

Contact
Donald R. Lewis, Chief, Workforce Service Staff, National Finance Center, Office of the Chief Financial Officer, United States Department of Agriculture, P.O. Box 60,000, New Orleans, LA 70160; Telephone (504) 255-5624; Fax (504) 255-5089; Email: donald.lewis@usda.gov

How the ADR System Works
The Natural Resources Conservation Service (NRCS) ADR Program serves as the focal point for early intervention/resolution of workplace and program disputes. The program also works closely with the Office of Civil Rights and Human Resource Management to provide ADR services in support of the EEO complaint and grievance processes. In an effort to provide educational opportunities, the program developed and offers conflict management training designed to help supervisory and non-supervisory employees enhance their current ability to manage conflict.

The ADR program, established through the support of the National Leadership, was designed by a committee comprised of members from labor, management, and employees from various disciplines throughout the country.

Background/Objective
The purpose of the ADR Program is to resolve workplace and program disputes early; improve communications and working relationships with and among employees, customers and partners; save time and valuable resources; and create win-win solutions.

Duration/Current Activity
The NRCS ADR Program was implemented agency-wide in June 2000. The diverse staff of 6 is complemented by 19 collateral duty mediators located at headquarters and in field locations throughout the U.S. The program uses both internal and external mediators. Policy is in place, marketing materials such as brochures and posters were created and distributed; a web-site was established; briefings accomplished; and conflict management training workshops provided to complement the program. NRCS participates in a variety of Shared Neutrals programs.

Rules Governing the Activity
There are few rules. Participation in ADR is completely voluntary. By electing ADR, participants do not give up the right to file a formal complaint, grievance or appeal.

Contact
Elly D. Cleaver, Director, NRCS ADR Program, 5601 Sunnyside Avenue, 1-2134, Beltsville, MD 20705-5471; Telephone: (301) 504-2287; Fax: (301) 504-2176; Email: elly.cleaver@usda.gov. Website: www.info.usda.gov/nrcs/mgmt/adr.htm.

ADR Techniques: Mediation

How the ADR System Works
The Cooperative Resolution Program (CRP) is an ADR Program that has been implemented in the Research, Education, and Economics (REE) mission area. The CRP is a voluntary, non-adversarial approach for employees, supervisors, and managers to handle conflict in the workplace. Disputes that arise in the workplace often are the result of miscommunication or a difference in perception. Through the assistance of a mediator, who serves as a neutral, the parties have an opportunity to be heard and to create their own resolution to the situation. CRP seeks to find a workable solution to the dispute and promotes a positive working relationship between the parties. The CRP is preventive -- resolving differences in a cooperative approach by working together to craft mutually agreed upon solutions to resolve the differences.

Background/Objective
Passage of the Administrative Dispute Resolution Act and publication of Vice President Gore's Report of the National Performance Review were the two catalysts for creation of the program. Emphasis is on building communication and improving working relationships, which will prevent future conflict. The CRP focuses not on blame, but looking at the future.

Duration/Current Activity
Emphasis is being placed on conflict management training for all employees. The Program Manager developed and presents a conflict management class to REE employees nationwide. The training is an opportunity to provide an understanding of the sources of conflict, identify ways of settling conflict, and develop communication techniques to prevent conflict. The training also discusses the Cooperative Resolution Program and how it can help in building communication and prevent conflict from escalating.

Rules Governing the Activity
The Secretary of Agriculture established the Department of Agriculture's policy on the use of Alternative Dispute Resolution, on March 23, 2000, to resolve workplace and program disputes within USDA. Any employee in the REE mission area may request a mediation. Employees may have a union representative or an attorney present during mediation if requested.

Contacts
Patricia Frick, Program Manager, REE Mission Area Cooperative Resolution Program, 5601 Sunnyside Avenue, Beltsville, MD 20705-5102; Telephone: (301) 504-1450; FAX: (301) 504-3261; Email: frick@ars.usda.gov; Jeffery Schmitt, Program Specialist; Telephone: (301) 504-1352; FAX: (301) 504-3261; Email: schmitt@ars.usda.gov or Betty Gibson, Program Assistant; Telephone: (301) 504-1460; FAX: (301) 504-3261; Email: Bgibson@ars.usda.gov; Web site address: www.ars.usda.gov/afm2/coopres