NASA Headquarters' Directives
HQPR 3713.3 Effective Date: December 06, 2000 Expiration Date: June 06, 2008 Responsible Office: CE	NASA HEADQUARTERS WORKPLACE ALTERNATIVE DISPUTE RESOLUTION (ADR) PROGRAM

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2.1.1    ADR Coordinator. The ADR Coordinator is the individual assigned to coordinate on a day-to-day basis the Headquarters ADR Program. The  ADR Coordinator is responsible for case intake, mediator assignment, and monitoring the program's effectiveness. The ADR Coordinator is appointed by the Director, Headquarters Equal Opportunity and Diversity Management Division.

2.1.2    Complainant. The individual who brings a workplace issue to the ADR Coordinator for resolution. Supervisors are also eligible to confer with the ADR Coordinator if they desire mediation for issues within their organizations.

2.1.3    Discrimination Complaints Manager. The individual who performs the initial intake for all discrimination allegations.

2.1.4    Mediator. A neutral third party whose responsibility is to facilitate the parties of a dispute through a process that will help them resolve the dispute.

2.1.5    Responsible Management Official. The individual who has been identified as the manager directly involved in the workplace dispute or issue.

2.1.6    Settlement Official. The individual who has been given the authority under NPD 3713.6N to act in matters pertaining to pre-complaint discrimination processing. The Associate Adminstrator for Headquarters Operations is the settlement official with authority to sign mediation agreements that are binding on behalf of NASA Headquarters. This authority may be delegated when appropriate. (see NPD 3713.6N, at ¶6.g.). The Inspector General (IG) is the settlement official for complaints involving employees from the Office of the Inspector General (OIG) (see NPD 3713.6N).

2.2    BACKGROUND

Equal Employment Opportunity Commission (EEOC) regulations governing Federal sector discrimination complaint processing are set forth in 29 CFR Part 1614. A significant aspect of the regulation is the duty of Federal agencies to offer ADR to all employees during the precomplaint and formal complaint stages of the EEO process. These regulations along with the Administrative Dispute Resolution Act of 1990 (ADR Act), as amended; the President's May 1, 1998, Memorandum Concerning Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking; and NASA Policy Directive 2010.2A, Alternative Dispute Resolution, provide the legal and policy framework for the use of ADR at NASA Headquarters.

2.3    BENEFITS OF ADR

There are many benefits to implementing an ADR program, especially in the area of workplace disputes. Entered into at an early stage, ADR allows the parties to voice their concerns and gives the parties an opportunity to resolve their complaints under the facilitation of a trained mediator before their positions become entrenched or their relationship further damaged. ADR is informal; the rules of evidence do not apply. In addition, confidentiality is a critical part of the ADR process. ADR allows the parties to come to their own resolution, which allows for creativity in reaching a solution. ADR does more than merely solve the problem at hand; it opens lines of communication and restores harmony in the workplace.

2.4    SCOPE OF ADR

2.4.1    The NASA Headquarters Workplace ADR Program may be used to solve any type of workplace issue: the EEO pre-complaint, Merit Systems Protection Board (MSPB) adverse actions, administrative grievances, negotiated grievances, and other workplace issues ranging from a discrimination allegation or adverse action to an interpersonal conflict with a supervisor or co-worker. The complainant's participation in ADR is entirely voluntary, and his/her rights to pursue other actions are not waived by participating in ADR.

2.4.2    Nothing said or done during attempts to resolve the complaint through mediation can be made the subject of an EEO complaint.

2.4.3    In case of discrimination allegations, the mediator must comply with the duties of a neutral as set forth in MD-110, Chapter III, Part IV.

2.4.4    NASA Headquarters will consider not using ADR if:

            a.    definitive or authoritative resolution of the matter is required for precedential value; or

            b.    the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and ADR would not likely serve to develop a recommended policy for the agency; or

            c.    maintaining established policies is of special importance, so that variations among individual decisions are not acceptable; or

            d.    the matter significantly affects persons or organizations who are not parties to the proceeding; or

            e.    a full public record of the proceeding is important.