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| ADR Policy & Guidance |
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Alternative Dispute Resolution: Policy & Guidance
Alternative Dispute Resolution includes any procedures in which parties agree to use a third-party neutral to resolve issues in controversy, including but not limited to, facilitation, mediation, factfinding, minitrials, arbitration or use of ombuds, or any combination thereof.
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REGULATIONS
AFI 51-1201, ADR in Workplace Disputes (21 May 2009). Implements Air Force ADR policy in EEO and non-EEO civilian workplace disputes.
AFI 36-2706, Equal Opportunity Program Military and Civilian (5 October 2010). Chapter 4, Section 4B, authorizes facilitation to resolve informal MEO complaints.
GUIDANCE
Voluntary Mediator Certification Program (Revision 1, Oct. 1, 2007). Newly revised guidelines for voluntary certification of Air Force collateral duty mediators.
Guidance for NSPS Performance Rating Disputes (8 August, 2007). Guidance for the integration of facilitative alternative dispute resolution measures, such as mediation, into the administrative reconsideration process that is available for resolving job rating disputes under the National Security Personnel System's perfomance management system
Air Force Mediation Compendium (4th Ed., 2012). The primary Air Force Guidance Document for conducting and managing mediation in Air Force workplace disputes.
AFI 51-1201 SECAF Memorandum for ALMAJCOM-FOA/CC (June 10, 2004). Secretary Roche exhorts Senior Commanders to support the Air Force ADR program.
AFI 51-1201 Implementation Guidance Memorandum for ALMAJCOM/FOA/DRU ADR POCs and SJAs from SAF/GCD (June 28, 2004). Additional guidance regarding use of Functional Area Managers, definition of "installation commander," and placement of ADR Champion.
Guidance for Mediators on Union Participation in EEO Mediations (March 3, 2003). SAF/GCD guidance to mediators on the effect of the court of appeals decision in AFGE v. Dover AFB (D.C. Cir 2003) regarding union participation rights in EEO mediations.
SAMPLE ADR AGREEMENTS (may not be current, but are provided as examples of ADR provisions in collective bargaining agreements):
AFMC Master Labor Agreement with the American Federation of Government Employees, Council 214
Sample Collective Bargaining Agreements from Across the Air Force (Various dates) |
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A summary of the laws, regulations, and policies seeking to foster the use of Alternative Dispute Resolution
STATUTES:
Contract Disputes Act of 1978
Civil Rights Act of 1991
Administrative Dispute Resolution Act of 1996
Alternative Dispute Resolution Act of 1998
EXECUTIVE ORDERS & PRESIDENTIAL DOCUMENTS
Executive Order 13203 -- Revocation of Executive Order 12871 and Presidential Memorandum Concerning Labor-Management Partnerships (February 17, 2001)
Executive Order 12979 Agency Procurement Protests (October 26, 1995)
Executive Order 12988 Civil Justice Reform (February 1996)
Presidential Memorandum on ADR (May, 1998)
REGULATIONS
Federal Acquisition Regulations, 48 Code of Federal Regulations Part 33(48 C.F.R. Part 33), Protests, Disputes, and Appeals
Equal Employment Opportunity Commission EEO Complaint Processing Regulations, 29 Code of Federal Regulations, Part 1614 (29 C.F.R. Part 1614)
Department of Justice ADR Policy and ADR Case Selection Criteria (July 1996)
Department of Defense Directive 5145.5, Alternative Dispute Resolution (April, 1996)
FEDERAL COURT RULES
U.S. Court of Federal Claims Notice of ADR Referral Program (Link to U.S. Court of Federal Claims) |
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Air Force Policy 