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Alternative Dispute Resolution Procecss

What is Alternative Dispute Resolution (ADR)?              

ADR is an alternative avenue, in lieu of litigation or administrative proceedings, for resolving workplace issues alleging discrimination based on race, color, religion, sex, national origin, age, disability, or reprisal for engaging in prior EEO activity. Participation in ADR is voluntary. However, Department of the Navy managers and supervisors are strongly encouraged to participate in ADR processes when employees choose this mechanism for resolution of work place disputes and EEO complaints. ADR empowers and enables the participating parties to develop and seek mutually acceptable solutions.

The preferred method of ADR for the Department of the Navy is mediation. Mediation is an informal process and uses a neutral third party known as a mediator to facilitate the parties' resolution of the dispute.  The mediators will not provide legal or personnel advice.  The mediator has no power to make a decision or evaluate the merits of the issues at the table; instead, the mediator works with all parties to facilitate discussion that may or may not lead to the parties reaching a voluntary agreement of their own making.  A mediation agreement, however, may not violate any of the parties or other third parties rights as found in law, regulation, policy, or under any collective bargaining agreement.

 

What are some benefits?

ADR creates an opportunity for early resolution, improves working relationships and communications, enable parties to maintain considerable control over the process, decide their own outcome and restore productivity and mission effectiveness.

 

Is Mediation right for me?

To assess whether or not mediation is right for you, please consider the following:

a)   Does the issue involve a continuing relationship?

b)   Do the parties want it settled informally?

c)   Do the parties want a voice in shaping an agreement?

 

ADR Program Guidance:

SECNAVINST 5800.13 "Alternative Dispute Resolution"

Administrative Dispute Resolution Act of 1996

29 Code of Federal Regulations 1614

DOD Directive 5145.5 " Alternative Dispute Resolution"

To learn more about ADR visit: www.adr.navy.mil

 Do you have questions regarding Alternative Dispute Resolution? Contact the CNIC HQ EEO office by phone, individuals call (202) 433-8229 and leave a message; or they can send an email.

 

 

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