ADR is any method of dispute resolution other than formal adjudication. ADR provides an opportunity for quick resolution of workplace disputes in a non-traditional manner designed for early intervention of workplace disputes and conflict. The techniques available through ADR are designed to preserve and rebuild workplace relationships, which, over time, improve the workplace environment for everyone.

Both the Farm Service Agency and Risk Management Agency Administrators announced the availability of the Interim ADR Program to non-bargaining unit employees effective October 18, 1999. Where exclusive representation exists, bargaining may be requested to the extent allowed by applicable statutes. Where contract language already addresses these policies and procedures for bargaining unit employees, contract language prevails.

Agency policy applies except where exclusive representation exists and where contract language already address these policies and procedures for bargaining unit employees in those cases contract language prevails.

What is Alternative Dispute Resolution?

ADR is any method of dispute resolution other than formal adjudication. These methods are non-adversarial in nature and include such things as mediation (the most common method), conciliation, and facilitation, to name a few. Participation in ADR is voluntary for FSA and RMA employees.

ADR provides an opportunity for quick resolution of workplace disputes in a non-traditional manner designed for early intervention of workplace disputes and conflict. The techniques available through ADR are designed to preserve and rebuild workplace relationships, which, over time, improve the workplace environment for everyone. In some cases, it allows for early intervention into issues which, if unaddressed, may inappropriately make their way to a grievance or EEO forum.

An employee, including supervisors and managers, can contact their Agency Intake Contact to see if their workplace dispute would be appropriate for ADR. Issues such as waste, fraud, abuse, criminal activity, violence, or threats of violence are not suitable for ADR. If the workplace dispute is appropriate for ADR, the Agency Intake Contact would contact the second party to the dispute, discuss the issues, and determine which ADR resolution technique might help the parties reach resolution of the conflict. At this point, if both parties agree to participate in ADR, a meeting with a third party neutral would be scheduled (this may be a mediation, conciliation, etc.). The third party neutral would then assist the parties in exploring possible resolutions of the conflict. In most cases, if a resolution is reached, the third party neutral would assist in drafting this resolution as an agreement.

Generally, ADR is designed to address workplace disputes quickly. Depending on the type of workplace conflict and the number of parties involved, a third party neutral can be scheduled to meet with one or more parties within 2 weeks to 30 calendar days after the initial contact by the employee initiating ADR.

The FSA Civil Rights Office has developed an Early Resolution Program to resolve EEO complaints within the first 60 days of contacting a counselor (EEO-ADR). In order to utilize EEO-ADR, an employee must first contact an FSA EEO Counselor. EEO-ADR is part of the informal EEO complaint process. EEO-ADR uses a "Resolving Official" to decide whether and how management will resolve the issues. The informal, non-EEO ADR program discussed on this page does not utilize a "Resolving Official". Rather, the parties are free to address and resolve their differences, with the assistance of a third-party neutral, on terms which they believe will be of most benefit to them.

Yes. ADR can be used by employees who have not filed an EEO complaint or grievance. In fact, by requesting ADR, an employee does not waive any rights, should there be no mutually satisfactory resolution of the conflict, to pursue a grievance or EEO complaint. It is important to note, however, that the statutory time frames of EEO are not suspended, extended, or in any way modified, if an employee chooses to request ADR. The negotiated or administrative grievance time frames may only be modified or held in abeyance by mutual agreement of the parties.

Yes. ADR may be used as a way to resolve a workplace issue already being pursued through a EEO complaint or grievance. EEOC regulations found at 29 CFR 1614 require the person filing an EEO complaint to choose between traditional counseling and ADR in the informal stage of the complaint process. The statutory time frames of the EEO process may not be suspended, extended, or in any way modified for ADR; however, the negotiated or administrative grievance time frames may be modified or held in abeyance by mutual agreement of the parties.

Let's look at 3 of the most commonly used ADR techniques: mediation, conciliation, and facilitation.

Mediation is a process, guided by a trained neutral third party (mediator) with no decision making authority, to assist the parties in resolving a conflict. The objective of mediation is to provide a "safe" environment for the parties to explore their own resolutions to a conflict together. Generally, when resolution(s) is agreed to, it is documented through an agreement signed by all parties. If the mediation does not result in agreement, the mediator will not willingly testify on behalf of either party in the event the dispute is adjudicated through another forum. There will be no "debriefing" of the mediator by ADR staff. The mediator will destroy any notes taken during the mediation before leaving the mediation.

Conciliation is a technique generally used one-on-one, to assist parties to improve communication, clarify mis-perceptions, deal with strong emotions, and build trust for day-to-day work activities. Unlike mediation. the parties have little direct interaction and this technique may or may not yield a signed agreement.

Facilitation is the use of techniques to improve the flow of information in a meeting between parties to a dispute. This technique is commonly applied to decision making meetings where a specific outcome is desired or where there are a large number of participants. Generally, the circumstances in which this technique is used does not result in a signed agreement.

ADR should be attempted when there is a chance for each party in a dispute to have a positive outcome. There are some issues/situations which would not be appropriate for ADR, including serious physical assault, for example. Generally, the earlier ADR is applied to a situation, the better; before individual positions have hardened.

Yes. The information shared with the Intake Contact is confidential. Likewise, information shared with a third party neutral during ADR is also confidential. A neutral third party will not willingly testify on behalf of either party in the event the dispute is adjudicated through another forum.

Intake begins with the initial contact by an employee asking for ADR services. The information gathered during Intake helps the ADR Contact determine whether the conflict/dispute is appropriate for ADR and, if so, to determine which ADR technique to utilize to help the parties reach resolution.

It is important for the Intake contact to be familiar with the EEO process, the relevant grievance processes, and how similar issues are usually resolved (for example, disagreement over performance appraisal). Familiarity with informal and formal administrative processes is critical to helping the parties understand what may be involved if ADR is not attempted.

It is also important for the Intake contact and the parties to take the necessary time to adequately gather the information necessary to made decisions which will impact the ADR process. Intake may take up to an hour to gather the necessary information from the parties and adequately explain ADR techniques that may be appropriate to apply to the dispute/conflict.