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ALTERNATIVE DISPUTE RESOLUTION (ADR)FMCS’ involvement in Alternative Dispute Resolution activity dates back to the early 1970's when the agency was asked to mediate a land dispute between the Hopi and Navajo tribes. In the 1980's, FMCS facilitated the first regulatory negotiations held by the Federal Aviation Administration. Regulatory negotiation activity increased throughout the decade, with FMCS involved in negotiations held by the Departments of Transportation, Agriculture and others. FMCS began providing mediation services for Home Owner Warranty disputes and in training volunteer mediators for the Farm Credit Administration. Since the mid-1980's, FMCS’ work in ADR has steadily expanded to include mediation in contract disputes, regulatory development, whistle blower complaints, EEO/workplace disputes, grants and environmental issues. Since FY 1990, FMCS has entered into approximately 300 inter-agency agreements with federal agencies to provide ADR services. Our ADR activities have covered a wide range of conflict managing and resolution needs. More recently, FMCS’ Alternative Dispute Resolution program significantly expanded due to the increased demand for ADR services throughout the Federal government and in response to passage of the ADR act as well as the President’s Executive Order 12871 on labor-management partnerships. Approximately 200 full-time mediators’ primary responsibility is serving the collective bargaining needs of the private and public sectors. In many ways mediation and ADR have become synonymous terms for the general public. However, for FMCS, which regularly provides mediation services, ADR is defined as anything other than our traditional labor-management related activity. It has been the practice of the agency to regularly involve the field mediators in our ADR program. To date nearly 50 percent of our mediator workforce has been involved in ADR projects. SERVICES TO OUR CLIENTSThe five primary services are:
WHAT’S NEW AT ADR SERVICES !!I) MEDIATION TRAINING: ADR Courses: both beginner and advanced courses II) OMBUDSMAN SERVICE: THE ADMINISTRATIVE DISPUTE RESOLUTION ACT (ADRA) OF 1996, PUBLIC LAW 104-320 PROVIDES FOR THE USE OF OMBUDSMAN (OMBUDS) IN ALTERNATIVE DISPUTE RESOLUTION (ADR) ACTIVITIES IN FEDERAL ADMINISTRATIVE PROCESSES. ADR is applicable to a broad range of workplace conflicts including EEO complaints, various prohibited personnel practices, e.g., disputes regarding the appointing of relatives to government positions, coercing political activity, and preventing a person from competing for employment. Also, dispute matters not subject to negotiated grievance procedures in federal sector collective bargaining agreements including Hatch Act violations, retirement and insurance disputes; and certain suspensions, removals, examinations and appointments may be resolved through ADR intervention. Through inter-agency agreement, the FMCS Ombudsman provides specialized dispute resolution services to Federal agencies. As a designated neutral, the Ombuds provides confidential and informal intervention assistance to employees, supervisors, managers, and agency executives staff regarding internal workplace concerns, disputes, EEO complaints and informal grievances. Typical services provided to client agencies include mediation, facilitation, counseling, informal inquiry and shuttle diplomacy; ADR program evaluation, training and statistical activity data. The Ombuds’s neutral, conflict resolution services are bound by the confidentiality provisions of the Administrative Dispute Resolution Act. In certain circumstances, the notes and communications between the Ombuds and the involved parties are specifically exempted from Freedom of Information Act (FOIA) disclosure. Settlement proposals and early neutral evaluations are also exempt from FOIA, further enhancing the Ombuds confidentiality protections. Although external to the agency, the FMCS Ombudsman develops and maintains an on-going professional relationship with the agency executive liaison. The FMCS Ombuds is not involved in management decision-making or policy development, but may initiate discussions regarding trends in agency workplace conflict and suggest appropriate options. Who to Contact:
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