ADR Technique: Multiple Techniques

How the ADR System Works
In handling lawsuits brought by and against the United States, Department of Justice attorneys use many different forms of consensual dispute resolution, with a particular focus on mediation. Cases are placed into mediation at the request of the court, opposing counsel, or a Department attorney, as long as all parties agree. Where court-sponsored programs are not available, the attorneys work with opposing counsel to find a suitable ADR provider and share the relevant expenses. As the biggest user of the Federal courts in the country and the nation's most prolific litigator, the Department recognizes the necessity of considering alternatives to litigation in all appropriate cases. The goal of the Department's program is to benefit litigants by producing better and quicker results, and benefit the entire justice system by preserving the scarce resources of the courts for the disputes that only courts can decide.

Background/Objective
The Attorney General issued an Order on April 6, 1995, to promote the broader use of ADR in appropriate cases to improve access to justice for all citizens and to lead to more effective resolution of disputes involving the Government. The Department's program is focused on civil matters, rather than criminal matters or enforcement of criminal fines.

Duration/Current Activity
While Department attorneys had been using ADR prior to the Attorney General's 1995 Order, utilization of these processes has increased dramatically in recent years. The Order created the Office of Dispute Resolution to coordinate ADR activities on a Department-wide basis. The office has trained Assistant United States Attorneys and Department litigators around the country and continues to provide follow-up and advanced training. The office also works on policy-making, legislation, and other activities in the ADR field. The Attorney General also serves as the Chair of the Interagency Working Group on Alternative Dispute Resolution, a large group of Federal agencies seeking to increase their use of ADR.

Rules Governing the Activity
The Department has no special rules on ADR use. Because it is well recognized that the United States cannot be forced to settle a case over its objection, the hallmark of this program is a consensual approach by all parties.

Contacts
Linda A Cinciotta; Email: Linda.A.Cinciotta@usdoj.gov , and Jeffrey M. Senger; Email: Jeffrey.M.Senger@usdoj.gov; United States Department of Justice, 950 Pennsylvania Avenue NW, Room 4617, Washington, DC 20530-0001; Telephone: (202) 616-9471. Web site: www.usdoj.gov/odr

ADR Technique: Mediation

How the ADR System Works
The Executive Office for United States Attorneys (EOUSA) Equal Employment Opportunity (EEO) ADR program allows parties to resolve disputes themselves by employing neutrals, in the form of ADR-trained Assistant United States Attorneys (AUSAs), as mediators. EOUSA's mediators are trained at the National Advocacy Center, run by the Department of Justice's Office of Legal Education. Mediation gives parties to the dispute an investment in the settlement by assuring that the resolution of the ADR will originate with the parties, rather than as a decision from a third party.

Background/Objective
The Executive Office for United States Attorneys (EOUSA) Equal Employment Opportunity (EEO) Alternative Dispute Resolution (ADR) program was created in 1995, pursuant to the Attorney General's Order 1200.1, and provides mediation services for all 94 United States Attorneys Offices (USAOs), as well as the employees of EOUSA.

Duration/Current Activity
In accordance with 29 C.F.R § I 614.102(b)(2), the EOUSA EEO Staff has established an ADR Program to resolve discrimination-based disputes prior to, and after, the filing of a formal EEO complaint. Under MD-110 all Complainants/Aggrieved Persons may request ADR mediation at any stage of the EEO process.

Rules Governing the Activity
EOUSA's ADR program follows 29 C.F.R §614.102, MD-110, and DOJ Human Resources Order 1200.1. If the EEO Staff has determined that a case is appropriate for ADR, and an aggrieved person complainant has requested the use of ADR in his/her case, management is required to participate in ADR, in good faith, pursuant to DOJ Human Resources Order 1200.1. For further information on EOUSA's ADR or EEO programs, see the website below.

Contact
Juan Milanes, Assistant Director, Equal Employment Opportunity Staff, EOUSA, Department of Justice, 600 E Street, NW #2300, Washington, DC 20530. Telephone: (202) 514-3982. www.usa.doj.gov/staffs/eeo/

ADR Technique: Informal Negotiation

How the ADR System Works
The FBI's Office of Personnel Dispute Resolution (OPDR) provides training to and relies on the experience of senior-level (SES) managers to attempt to negotiate settlements of EEO complaints upon completion of an investigation of a formal complaint. OPDR assigns such complaints to these executives, supports them during their negotiations, and prepares legally binding settlement agreements if resolutions are reached. OPDR was established to work outside the FBI's Office of Equal Employment Opportunity Affairs (OEEOA) to provide an independent means of resolving EEO complaints prior to their reaching the formal decision stage. OPDR also receives requests to seek resolution of employee complaints prior to completion of the EEO investigation. These referrals usually come from EEO Counselors, but OPDR's assistance in resolving issues may be requested by supervisory or executive management throughout the FBI, including all field offices.

Background/Objective
OPDR was established in 1991 to comply with 29 CFR, Section 1613.217, which mandated agencies to provide an opportunity for adjustment to EEO complaints on an informal basis and to provide the complainant the opportunity to discuss the case with appropriate officials. The goal of OPDR is to resolve EEO-related complaints without assigning fault. An Informal negotiation permits the agency and complainants to craft a mutually acceptable solution and avoid the win/lose situation which results from a final decision. Settlement also reduces workplace disruption and the costs associated with litigation.

Duration/Current Activity
OPDR is staffed with a Unit Chief and a Management Analyst, who report to the Deputy Assistant Director/Personnel Officer (Personnel Assistance and Facilities Management Branch) of the Administrative Services Division at FBI Headquarters. OPDR continues to rely on the experiences of senior-level managers to attempt the resolution of complaints. After the earlier regulation EEOC was replaced by 29 CFR, Section 1614.603, providing that agencies shall make efforts to voluntarily settle EEO complaints of discrimination as early as possible throughout the process, OPDR's responsibility for resolving EEO matters increased to provide for attempted resolution prior to completion of the investigation.

Rules Governing the Activity
OPDR is in compliance with 29 CFR Section 1614.603. The confidentiality and informality of negotiations preclude the need for extensive record keeping. OPDR works closely with the FBI's OEEOA and the Office of General Counsel to ensure compliance with all Federal and agency regulations.

Contact
Unit Chief Rebecca Bosley, Telephone: (202) 324-9379, and Management Analyst Colleen Baldwin, 935 Pennsylvania Avenue, NW, Washington, DC 20535; Telephone: (202) 324-1632; FAX: (202) 324-5153. E-mail: opdr.personnel@fbi.gov

ADR Technique: Ombudsman

How the ADR System Works
The FBI Ombudsman is an employee of the agency who assumes a neutral role in dealing with work-related concerns of FBI employees. All contacts with the Ombudsman are afforded confidentiality, and no action is taken without the approval of the caller or visitor. The Ombudsman works outside the normal chain of command and works through negotiation, mediation, consultation, influence, shuttlediplomacy, informal investigation, dispute resolution, and referral. The Ombudsman also operates as an early warning system by providing upward feedback to the organization on significant issues affecting employees. Typically, the Ombudsman explores options and attempts to achieve equitable solutions for all parties as an alternative to formal processes.

Background/Objective
The FBI Ombudsman position was established in 1981 by then Director William H. Webster as a result of a recommendation of the Special Agent Advisory Committee. The incumbent was appointed as the point of contact for field agents regarding problems and/or questions concerning transfer policies and other work issues which directly affected agents.

Duration/CurrentActivity
The FBI Ombudsman serves a two-year term of office, which can be extended up to a four-year period. The role of the Ombudsman has expanded considerably since its inception. Today, the Ombudsman responds to inquiries from support and agency personnel concerning a wide variety of issues. In addition, the Ombudsman travels to field offices upon request, gives presentations and provides consultation to outside entities, facilitates meetings of the Director's advisory committees, prepares statistical reports, evaluates trends, and actively promotes sound work values and concepts through various forms of communication, to include monthly articles in the agency's employee magazine.

Rules Governing the Activity
The FBI Ombudsman practices are consistent with the standards of conduct and the code of ethics of the Ombudsman Association.

Contact
Sarah Ziegler, Ombudsman, 935 Pennsylvania Avenue, NW, Room 6640, Washington, DC 20535; Telephone: (202) 324-2156; FAX: (202) 324-5188; Email: ombudsmen@FBI.gov.

ADR Technique: Multiple Techniques

How the ADR System Works
The Dispute Resolution Specialist (DRS) program (piloted at 6 institutions) was created to establish a collateral duty DRS at each institution. The DRS is jointly selected by the warden and local union president based on criteria developed at the national level. The DRS may resolve any type of workplace dispute involving all staff, including supervisor to subordinate disputes and co-worker to co-worker issues. The DRS has 10 days to resolve the issue. If the issue is not resolved, the staff member may escalate it to the Regional Dispute Resolution Administrator who also has 10 days and then to the Central Office Counsel for Dispute Resolution who also has 10 days. In total, it is a 30 day process.

Background/Objective
The objective of the DRS program is to create an informal dispute resolution system at each institution in which staff can have their workplace disputes addressed immediately, thereby decreasing the amount of EEO complaints, increasing staff satisfaction and productivity, and reducing costs.

Rules Governing the Activity
The DRS provides the staff member with a document which explains that it is the staff member's responsibility to protect his rights regarding meeting the time requirements of the EEO, union grievance and agency grievance processes. The DRS will respect the confidentiality of the staff member except with regards to allegations of criminal behavior or sexual harassment.

Duration/Current Activity
During the first ten months of the pilot, over 64 issues have cumulatively been brought to the attention of the 6 DRSs. Many of these are issues that the DRSs believed would have resulted in EEO complaints. Comparing EEO Complaints filed in FY 00 versus FY99, there has been a 33% reduction in filings at the piloted institutions.

Contacts
Mina Raskin, Counsel for Dispute Resolution, Bureau of Prisons, 320 First St., NW, Washington, DC 20534; Telephone:(202)307-3062; FAX:(202)307-2995; Email: mraskin@bop.gov.

ADR Technique: Multiple Techniques

How the ADR System Works
The United States Marshals Service (USMS) uses multiple techniques in their ADR Program in order to resolve workforce disputes. Most common techniques utilized include: mediation, factfinding, interest-based bargaining, and ombuds. Employee Involvement Processes (EIP) include: the Labor Management Committee, and Advisory Panels.

Background/Objective
The ADR program utilizes various interest based ADR techniques to quickly resolve workforce disputes in an efficient and timely process, avert costly EEO settlements and grievances, and promote a renewed, positive working relationship between the parties to enable the USMS mission to be accomplished without prolonged disruption.

Duration/Current Activity
The program became fully operational in October 1998. The policy was finalized, an employee handbook was distributed, and a USMS ADR web page was established. The USMS has developed a comprehensive training program in conflict management skills for employees at all levels in the organization.

Rules Governing the Activity
Rules governing the program are the ADR Act of 1996, Public Law 104-320, the USMS Policy and the ADR Employee Handbook.

Contacts
Mr. Thomas Mulhern, United States Marshals Service, Labor Relations Officer, 600 Army Navy Drive, Suite 850, Arlington, VA 22202-4210; Telephone: (202) 307-9863; FAX: (202) 557-9702; Email: tom.mulhern@usdoj.gov.