Contact Information

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ADR Resources

ONEDOT Sharing Neutrals

DOT’s ONEDOT Sharing Neutrals Program provides neutral mediators to assist in resolving Equal Employment Opportunity (EEO) cases at all stages of the EEO Complaint Process. DOT Directive 1010.1A describes the procedures for the ONEDOT Sharing Neutrals EEO/EO ADR Program.

ADR Video

ONEDOT Sharing Neutrals EEO ADR Program Brochure

ADR Guide for DOT Managers in EEO Cases

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Frequently Asked Questions

ADR FAQ Document (MS Word)

This document explains the fundamental concepts of Alternative Dispute Resolution. 

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ADR Background

The Equal Employment Opportunity Commission (EEOC) requires all federal agencies to offer Alternate Dispute Resolution (ADR) at all stages of the EEO complaint process. Mediation is the form of ADR that the Department of Transportation has chosen to utilize in EEO cases. Mediation is a problem solving process that uses a neutral third party. The mediator works with the parties to assist them in identifying mutually acceptable solutions and to facilitate communication between the parties. Mediation has proven to be the type of ADR that is most successful in workplace disputes of this nature, and is less time-consuming and less expensive than the more formal EEO complaint process.

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ADR at the Pre-Complaint stage

Contacting an EEO Counselor

At the informal stage, the aggrieved party must contact an EEO Counselor within 45 days of an alleged incident. During the counseling session, the EEO Counselor will provide the complaint with the following documents:

• Notification of Rights and Responsibilities
  
• ONEDOT Sharing Neutrals Brochure


• Request for Mediation form


• Other EEO/ADR related materials

The EEO Counselor will describe and answer any questions regarding the ADR process. If the complainant elects to participate in the ADR process, s/he will be required to complete the Request for Mediation form.

Appropriateness

The mediation intake form and requests for mediation will be reviewed by the agency to determine whether the case is appropriate for mediation. If the case is found suitable for mediation, an agreement to mediate form will be signed by each party, and a mediator obtained.

Agreement to Mediate

Once the parties have agreed to enter into mediation, the Agreement to Mediate form should signed by both parties. The form will be submitted to the DOCR Mediation Coordinator (DMC).

In the event ADR is unsuccessful, the case is sent back to the EEO Counselor. The EEO Counselor will conduct a final interview and the complaint will follow the EEO Complaint Process.
 

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ADR at the Formal Complaint stage

Mediation may also be requested after a formal complaint has been filed. An agreement to mediate form must be signed by both parties and provided to the DMC.

Schedule the Mediation

Once a mediator has been selected, the DMC will work with all parties to schedule mediation time(s) and location(s). Mediation will be conducted in a neutral location.

Preparation

Parties should come to a mediation session prepared to discuss the issue(s) and possible resolution. It is recommended that settlement options be discussed with the appropriate officials and/or representatives prior to the mediation session.

Mediation Session

The mediator will facilitate the mediation session. Each party will be given the opportunity to discuss their concerns without interruption. If necessary, the mediator may ask for private discussions (caucuses) with each party. Mediation will continue until a resolution is reached or the parties agree that a resolution of the issue is not possible at this time. Since mediation is a voluntary process, either party may end the mediation session at any time. If a mutually acceptable resolution is reached, the mediator will draft the terms and conditions for each party to review.

No Resolution

Mediation does not always lead to a successful resolution. If this occurs, the mediator will inform the DMC, who will send the case back to the appropriate EEO official to continue at the point in the EEO Complaint Process in which it left off. In the EEO Complaint Process, the informal phase may not exceed 90 calendar days. The formal complaint process should not exceed 270 calendar days.

Resolution/Settlement Agreement

A resolution will be reduced to writing and signed by both parties. The Civil Rights Director, or designated official where the complaint originated, will monitor compliance with resolution agreements reached as a result of mediation. Resolution agreements will be maintained in the servicing OA’s Civil Rights Office and DOCR. If a complaint is resolved at the formal level, through the mediation process, a copy will be forwarded to the appropriate Regional DOCR Office.

Breach of Agreement/Noncompliance

If the aggrieved person believes that DOT has failed to comply with, or breached, the terms of the resolution agreement, he/she shall notify the appropriate Regional DOCR Office. A notice, in writing, must be submitted within 30 days of when the complainant knew of the breach. The aggrieved person may request that the terms of the Resolution Agreement be carried out, or alternatively, that the complaint be reinstated for further action from the point that complaint processing ceased. In the event the aggrieved person alleges noncompliance and chooses to reinstate his/her allegations of discrimination, his/her request for reinstatement will require that she/he return in full to the agency any relief that has been provided.

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Appeals

If the complainant is not satisfied with the agency's decision regarding whether or not a breach has occurred, or if no decision has been made, an appeal may be filed with the EEOC's Office of Federal Operations (OFO) 35 days after the assertion of breach was made or within 30 days of receiving the agency's determination. The OFO will determine if the agency has complied with the terms of the resolution agreement.

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