ADR Technique: Mediation

How the ADR System Works
Working with limited resources in a small agency, the Consumer Product Safety Commission (CPSC) found ways to implement its pilot ADR program using existing funds and resources. The program has been integrated into the agency's Equal Employment Opportunity (EEO) and Employee Assistance Programs, and two staff specialists in the Office of EEO and Minority Enterprise manage the ADR pilot program. The program uses mediators from outside the agency, and all aggrieved individuals who participate in mediation receive individual coaching from the ADR Manager EEO Counselor, both before and during the process. Upon receiving a request, the mediator indicates the availability of dates and coordinates with the ADR Program Manager to set up a mediation session with the parties involved. The pilot's average processing time from the date of the request to the date of completion of the mediation session is 28 days.

Since the program began, there has been a major decline in litigation and fewer formal complaints in the EEO area. Increasing numbers of employees are resolving disputes informally and amicably without resort to costly litigation. In FY 2002, the resolution rate reached 100%. That is, all cases offered ADR were settled through mediation.

Background/Objective
CPSC staff is the most important human capital of the agency. In order to ensure successful accomplishment of the agency's mission, the agency moved to take steps to prevent disputes and enrich opportunities for quality of life for employees through the use of ADR. The key team players in the implementation of the ADR pilot program included representatives of the CPSC Chairman, Office of General Counsel, Executive Director, Office of Resource Management, and the Office of EEO and Minority Enterprise. They worked as a team in championing ADR and providing management support when needed. A planning committee was organized in FY 2000. In designing the pilot, the committee defined detailed criteria and guidelines and established responsibilities and accountability measures for the program. The pilot was launched in May 2000.

The stated objectives of the program are: (1) creating opportunities for a wider range of creative solutions, (2) promoting open communication and forging better relations, and (3) avoiding expensive and protracted litigation. The agency's Chairman unequivocally communicated his commitment to and the urgency of ADR to all managers and employees.

Duration/Current Activity
The CPSC pilot has been in place since May 2000. As noted above, the program uses outside mediators. Initially, mediation was provided by outside private practitioners or through a local shared neutral program. In FY 2002, the program embarked on a partnership with the Department of Health and Human Service Appeal Board Shared Neutral Program (SNP). The SNP has become the major source of mediators for the pilot while moderating mediation costs. The SNP maintains a listing of available and highly qualified trained mediators, and it provides a mediator and a co-mediator within three days of a request.

Rules Governing the Program
The CPSC began implementation of its ADR pilot program with the publication of its procedures under CPSC Order 980.2. The directive was widely publicized via e-mail, bulletins, and brochures. All disputes in the workplace are covered under the program and mediation is the preferred ADR technique used.

Contact
Selina Lee, EEO Director, CPSC, 4330 East West Highway, Room 712, Bethesda, MD 20814; Telephone: (301) 504-0570 Fax: (301) 504-0107; Email: slee@cqsc.gov.