Alternate Dispute Resolution (ADR) Policy

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