1 / 18

DIRECTORATE FOR EQUAL OPPORTUNITY NGB-EO ALTERNATE DISPUTE RESOLUTION PROGRAM MANAGER GERALD HOWARD 1411 Jefferson Davi

DIRECTORATE FOR EQUAL OPPORTUNITY NGB-EO ALTERNATE DISPUTE RESOLUTION PROGRAM MANAGER GERALD HOWARD 1411 Jefferson Davis Hwy, Suite 2400 Arlington, VA 22202-3231 (703) 607-0781 DSN: 327-0781 FAX: 607-0789. ALTERNATIVE DISPUTE RESOLUTION

dudley
Download Presentation

DIRECTORATE FOR EQUAL OPPORTUNITY NGB-EO ALTERNATE DISPUTE RESOLUTION PROGRAM MANAGER GERALD HOWARD 1411 Jefferson Davi

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. DIRECTORATE FOR EQUAL OPPORTUNITY NGB-EO ALTERNATE DISPUTE RESOLUTION PROGRAM MANAGER GERALD HOWARD 1411 Jefferson Davis Hwy, Suite 2400 Arlington, VA 22202-3231 (703) 607-0781 DSN: 327-0781 FAX: 607-0789

  2. ALTERNATIVE DISPUTE RESOLUTION ADR - a collective name for a number of joint problem solving processes used in lieu of formal, adversarial methods for resolving conflict. These processes usually involve the use of a neutral third party working with the parties to help them find mutually acceptable solutions. WHAT IS ADR?

  3. ADR PROCESSES MEDIATION CONCILIATION FACILITATION FACT-FINDING ARBITRATION MINI-TRIALS OMBUDSMEN Authorizes the Voluntary use of non-binding arbitration.

  4. HISTORY OF THE ADR ACT Pub. L. No. 104-320, 110 Stat 3870 See 5 U.S.C. § 572(a) 5 U.S.C. § 572(c). This Act made the Acts and Amendments stated below permanent; The Administrative Procedure Technical Amendments Act of 1991, Pub. L. No. 102-354 ADRA of 1990, Pub. L. No. 101-552, 104 Stat 2736

  5. The Administrative Dispute Resolution Act of 1996 authorizes the use of Alternative Dispute Resolution Processes. Mandates that all federal agencies develop and implement and make available an ADR program. Requires Agencies to continue to train managers and employees on ADR. ADR is Voluntary - Encourage and Promote use

  6. Who monitors and Implements the Program? • Chief of the National Guard • TAG • Chief Counsel/JA • NGB-EO • SEEM’S • ADR Advocates • Counselor

  7. THE COUNSELOR ROLE • Offered as an Option During the Pre-Complaint Counseling • If Elected, in Lieu of Informal Counseling • EEO Counselor Must Fully Explain the ADR Process, Pre-Complaint Counseling and the Formal Complaint Process

  8. Counselor Role (Continued) • Requests for ADR are made to: - EEO Counselor - State Equal Employment Manager - Management • Forward Request to NGB-EO ADRP Manager • Assign Third Party Neutral, Mediator/Facilitator • Attempt Resolution

  9. ADR MAY BE OFFERED AT ANY TIME • Throughout the formal complaint process There is no limit on when or how many times ADR may be initiated. ADR may be used until a final agency decision is made. Management and the complainant must both be willing participants.

  10. REASONS WHY MANAGERS DON’T USE ADR • Fear of loss of authority • Not able to command • The need to negotiate everything • Too many risks bringing in an outside party • Third party neutral is not a judge

  11. REASONS MANAGERS SHOULD USE ADR • Quick and easy • Informal • Cost effective • Flexible • Reduces complaint processing time

  12. De-escalates Conflict De-personalize Issues Clarifies Issues Separates Interest From Positions Identifies Common Interests Helps Fact-finding ADR BENEFITS • Focuses on Problem Solving • Reduces Time, & Cost of Processing Complaints • Prevents Loss of Valuable Resources • Improves Morale

  13. No Risk Neither Party Loses Control Consensual Efforts To Resolve Dispute Both Parties Agree To & Accept Outcome Reduces Future Complaints Retains Confidentiality Restores Confidence, Trust, and Morale ADR BENEFITS (Continued)

  14. Effective listening Facilitating open communication & brainstorming “Bridge Builder” Understanding the Dynamics of human behavior Ability to defuse tension and emotions Consensus seeking People Skills (ability to gain the trust & confidence of others) Ability to Remain Neutral NEEDED SKILLS FOR AN ADR NEUTRAL

  15. Concentrate on the issues at hand. Do not: Focus on the parties; find faults, or take sides. Assist the parties in making their interest understood and understanding the interest of the other party. This will allow the real problem to surface. NEEDED SKILLS (CONTINUED)

  16. Do not interrupt the speaker Allow each party to vent emotions Be open minded Mutual respect Avoid arguing Focus on where we go from here THE GROUND RULES

  17. GOALS • Increase the number of trained mediators • nationwide • Assist and insure that every state has an • in-place approved ADR Program Plan.

  18. IN SUMMARY • Our Workforce in the 21st Century will be more complex and diverse than at any point in our history. • We work in an environment that is constantly changing. • Advanced technology, enhanced communication networks, and evolving organizations, dictate that we embrace change and harness the energy and divergent forces of change to propel us into the future. • ADR is the preferred method of choice in the future for conflict resolution. • ADR just makes sense and saves $$$$ .

More Related