Alternative Dispute Resolution

The U.S. Equal Employment Opportunity Commission's regulation (Title 29, Code of Federal Regulations, Part 1614) requires agencies to establish or make available an Alternative Dispute Resolution (ADR) program. ADR is a process which offers a variety of approaches that may be used to informally resolve employment disputes. The Department has elected the use of mediation as its form of ADR.

The FHWA has established a Mediation Program to resolve allegations of workplace discrimination at the earliest possible stage of the EEO complaint process. Mediation is a process by which a mediator facilitates open communication between parties to: a) jointly explore and communicate their differences, and b) reach a solution acceptable to both parties if at all possible.

The Mediation Program is available to individuals during the EEO complaint process. An individual may request mediation in lieu of traditional EEO counseling during the pre-complaint stage of the EEO complaint process. Mediation is also available during the formal complaint stage. The Office of Civil Rights reviews all requests and determines whether to offer mediation. If mediation is offered, it will be mandatory for management officials to participate in mediation. If mediation is not offered, the individual will be referred to the EEO Counselor during the pre-complaint stage or may continue in the EEO complaint process during the formal complaint stage.

Early resolution of EEO matters benefits the FHWA and its employees by creating a more hospitable workplace for all. Other benefits include reduction of time and significant costs associated with processing EEO complaints.

Contacts/phone numbers/email addresses

Pamela Woodruff
Management Analyst
(202)-366-1607
pamela.woodruff@dot.gov

Authorities

The Civil Rights Act of 1991 (http://www.eeoc.gov/laws/statutes/cra-1991.cfm)

Title 29, Code of Federal Regulations, Part 1614 (http://www.eeoc.gov/federal/directives/1614-final.cfm)

Guidance

Brochure: FHWA Mediation Program

Manual: FHWA Mediation Program

Mandatory Participation in Mediation Memo

Brochure: "Participating Effectively in Mediation: A Guide for DOT Managers in EEO Cases" (PDF, 88KB)

Video: "From Conflict to Resolution: The DOT Mediation Program for EEO Cases" (https://www.civilrights.dot.gov/sites/default/files/upload/video/conflict_management.htm)