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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3.1.1    Type of ADR to be used in Headquarters Program: Mediation. Mediation is the method of ADR to be used in the NASA Headquarters Workplace ADR Program. It provides for an informal method of conflict resolution, while building working relationships and improving communication between the parties. Mediation includes a neutral third party to guide the parties through a process designed to help them reach resolution. The resolution of the conflict is in the hands of the parties, with the mediator acting as a facilitator.

3.1.2    Role of the Settlement Official. The Assistant Administrator for Infrastructure and Administration is the settlement official for NASA Headquarters. The responsibility for staffing, training, administration, and oversight of the ADR Program is delegated to the Director, Equal Opportunity and Diversity Management Division. The IG will serve as the settlement official for agreements involving employees from the OIG (see NPD 3713.6N). The Settlement Official must be immediately accessible during ADR. The Settlement Official should not be the responsible management official or any official closely involved in the case. If the Settlement Official is the Responsible Management Official, settlement authority will be delegated to an official not involved in the case.

3.1.3    Role of the Mediator. The mediator's role is to encourage and assist the parties in deciding whether and how to resolve their disputes and to promote the parties' mutual understanding of each other's positions, interests, and perspectives, in light of their conflict. The mediator shall have no official, financial or personal conflict of interest with respect to the issues in controversy.

3.1.4    Selecting a Mediator. The complainant will be given the option to select a mediator from the Health and Human Services (HHS) Shared Neutrals Program or a contract mediator available in the Washington, DC, area. The ADR Coordinator will provide the complainant with a list of qualified mediators. Qualifications for the mediator will be consistent with the requirements set forth in EEO Management Directive 110.

3.1.5    Confidentiality. Confidentiality is a critical part of the ADR process. Discussions in mediations are not open to the public. To encourage the use of ADR, the ADR Act provides confidentiality protections for parties in mediation. Generally, both the mediator and the parties are prohibited from any voluntary or compelled disclosure of dispute resolution communications.

There are exceptions to and limitations on the Act's confidentiality protections. First and foremost, it is important for the parties to a mediation session to understand that only communications made to the mediator in a private session are kept in confidence. Any communications made to the mediator during the joint mediation session are not considered confidential.

Further, even if the communication was made in a private session, the mediator may be required to disclose the information if it involves the commission of a criminal offense or an act of fraud, waste, or abuse, or a plan to commit a violent physical act. Additionally, if a judge determines that disclosure of private discussions with the mediator is necessary to prevent a manifest injustice, establish a violation of law, or prevent harm to the public health or safety, a court may require disclosure. It is expected that these exceptions to the general rule of confidentiality will rarely be used.

The settlement agreement may be confidential. However, the agreeement to mediate and the evaluation form are not confidential.

3.1.6    Time Limits. ADR may be used at any time to resolve an issue or matter. However, to ensure that the complainant's right to file a formal complaint with the Agency or the MSPB (or through the administrative or negotiated grievance processes) is preserved, time limits must be considered. These are detailed in Chapter 5 and will be thoroughly explained by the ADR Coordinator during the initial contact.

3.1.7.    Location. The mediation shall take place in a neutral conference area.