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The U.S. Equal Employment Opportunity Commission (EEOC), 29 Code of Federal Regulations, Part 1614.102(b)(2) states that Federal agencies must, “Establish or make available an alternative dispute resolution program. Such program must be available for both the pre-complaint process and the formal complaint process.” It is the policy of VA to encourage the use of mediation to resolve EEO complaints, when the issues are appropriate for mediation. Typically, mediation will not be entertained in cases where there is an indication that fraud, waste, or abuse has been committed, or an allegation of patient abuse, sexual harassment, or removal for cause occurred.
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Mediation can be requested at any time during the EEO complaint process. The employee should advise the EEO counselor, intake specialist, or investigator, depending on the stage of the process where mediation is being requested, of their interest in ADR. The EEO official assigned to the case will then contact the facility, region, network to determine if mediation will be offered. If both parties agree to mediate, the local ADR coordinator will then assist with obtaining mediators, scheduling the session, and seeing the process through to closure.
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