Federal Sector Mediation Services Pilot Program

The Commission has established the FSMS pilot program to provide small federal agencies with mediation services so they can comply with the ADR requirements of 29 C.F.R. §1614.102(b)(2). To participate in this pilot, agencies must enter into a memorandum of understanding with the Commission, whereby they will agree to reimburse the Commission for mediating EEO cases.

How does the FSMS Program benefit small agencies?

• The procedures of the FSMS program fully comply with the EEOC's Management Directive (MD)-110.
• Mediation is the most popular form of ADR used by federal agencies because it is a fair, efficient, and cost-effective process to resolve employment disputes.
• Co-mediations are conducted by qualified EEOC staff, who are the experts in federal sector EEO law, and utilize their experience to assist parties in reaching a mutually satisfactory agreement.
• Agencies have the option of submitting only those cases to the FSMS program which they deem appropriate for ADR.
• If the dispute is not resolved within 60 days, the EEOC will return the case to the agency and the mediators will have no further role in the subsequent adjudication process.

What are the Costs of the FSMS Program?

• Pursuant to the Economy Act, 31 U.S.C. §1535, the agency enters into a memorandum of understanding with the EEOC, whereby the agency compensates the EEOC for the hourly wages and benefits of the lead mediator and the related administrative costs, if any.
• The agency is charged only if a case is submitted for mediation.

Need more information?

If you are interested in participating in the FSMS program, or would like more information, please contact Gerard Thomson, the FSMS Program Manager, at (202) 663-4560, TTY (202) 663-4593, or gerard.thomson@eeoc.gov.