ib-or-2003-235-Alternate Dispute Resolution (ADR) Policy UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Oregon State Office P.O. Box 2965 Portland, OR 97208 In Reply Refer to: 1400-713 (OR-956) P August 26, 2003 EMS TRANSMISSION 08/28/2003 Information Bulletin No. OR-2003-235 To: All Oregon/Washington Employees From: State Director Subject: Alternate Dispute Resolution (ADR) Policy Attachment (1) is Equal Opportunity Directive No. 2003-12 for Departmental Policy on Alternate Dispute Resolution (ADR). This Directive provides further guidance on the Department of the Interior’s policy governing ADR as it relates to the Equal Employment Opportunity (EEO) Process. Bureaus are strongly encouraged to expand and promote ADR in the EEO process. Mediation is the most popular form of ADR currently being used in the Federal sector in employment related disputes. Mediation is the intervention in a dispute or negotiation of an acceptable, impartial and neutral third party, who has no decision-making authority. The objective of this intervention is to assist the parties to voluntarily reach an acceptable resolution of the issues in dispute. The Bureau of Land Management (BLM) Oregon/Washington is a participating agency with Federal Executive Board’s Shared Neutrals Mediation Program. Shared Neutrals is a cooperative arrangement between federal, state and local agencies in the Oregon and Southwest Washington region. Member agencies submit disputes for resolution and share a pool of qualified, objective mediators. Mediators, trained and impartial, listen to all participants and guide them to clarify their issues, help them see each other’s point of view and move toward agreement. Shared Neutrals mediators are from member agencies. They come from all types and levels of jobs. They serve on cases for agencies other than their own to provide an extra degree of neutrality and confidentiality. Agencies and complainants have realized many advantages from utilizing ADR. ADR offers the parties the opportunity for an early, informal resolution of disputes in a mutually satisfactory fashion. ADR usually costs less and uses fewer resources than do traditional administrative or adjudicative processes, particularly processes that include a hearing or litigation. Early 2 resolution of disputes through ADR can make agency resources available for mission-related programs and activities. In addition, employee morale can be enhanced when agency management is viewed as open-minded and cooperative in seeking to resolve disputes through ADR. If you have additional questions or comments, you may direct them to the Oregon State Equal Employment ib-or-2003-235-Alternate Dispute Resolution (ADR) Policy Opportunity Office at telephone number (503) 808-6341. Districts with Unions are reminded to notify their unions of this Information Bulletin and satisfy any bargaining obligations before implementation. Your servicing Human Resources Office or Labor Relations Specialist can provide you assistance in this matter. Signed by Charles E. Wassinger Associate State Director 1 Attachment 1 - EO Directive No. 2003-12 (1p) Distribution WO-720 (5543 MIB) Authenticated by Mary O'Leary Management Assistant ~----------------=-----United States Department of the Interior OFFICE OF THE SECRETA RY Washington. D.C. 20240 JUt 17 2003 EQUAL OPPORTIJNITY DIRECTIVE 2003·12 To: Bureau Equal Opportunity Officers ) From: E. Melodee Stith, Director, Office for Equal Opportuniy,:::: ' Subject: Alternate Dispute Resolution (ADR) Policy Jr,~/~ This Directive provides further guidance on the Department of the Interior's policy governing ADR as it relates to the EEO Process. To reinforce the guidance previously issued by the Assistant Secretary Policy Management and Budget on June 7, 2000, each Bureau must have an ADR process in place. We are strongly encouraging Bureaus to expand and promote ADR in the EEO process. In administering your ADR program, we ask that you adhere to the following: All ADR sessions must be kept in strict confidence. The parties must be assured that their statements and information obtained during ADR are kept confidential so that the parties can feel free to be frank and fonhcoming during the proceeding, without fear that such infonnation may later be used against them. Also, as part of the confidentiality provision in the ADR sessions, any note taken during the ADR proceeding or in preparation for the proceeding, must be destroyed. Further, please ensure that your Bureaus designate an official with settlement authority, to participate in the ADR session. If for some reason the appropriate management official cannot be present at ADR, you must ensure that the management official with the settlement authority can be readily accessible to management's representative at the ADR meetings. This allows the official with settlement authority to act in good faith and to agree to an immediate resolution to the 'dispute, if one is reached, and encourages a swift ADR process between the parties. Additional guidance regarding ADR can be found in the Equal Employment Opportunity (EEO)Management Directive (MD) 110. Distribution: Bureau and Office Equal Opportunity Officers, Bureau Equal Opportunity Complaint Managers, Regional and Field EO Managers Inquiries: Mercedes Flores, Chief of Staff, Office for Equal Opportunity, (202) 208·6120. Expiration: When superseded
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