Because offices operate in different cultures and milieus, and because the nature of the workload varies from office to office, Commission offices will need maximum flexibility in implementing an ADR program.Commission-sponsored ADR programs should include training and evaluation components. Federal government websites often end in .gov or .mil. Fairness requires that the Commission provide the opportunity for assistance during the proceeding to any party who is not represented.
In no circumstances will a party be coerced into accepting the other party's offer to resolve a dispute. It must also be fair, which requires voluntariness, neutrality, confidentiality, and enforceability. Within the parameters set by the Commission, Commission staff should be able to adapt ADR techniques to fit specific program needs. Before sharing sensitive information, make sure you’re on a federal government site. The CNREURAFSWA Equal Employment Opportunity (EEO) Office and General Counsel champions ADR. Fairness should be manifested throughout all Commission ADR proceedings by incorporating each of the core principles identified in this policy as well as by providing as much information about the ADR proceeding to the parties as soon as possible. All agencies are required to have an alternative dispute resolution (ADR) program. Those who act as neutrals under EEOC auspices should possess a thorough knowledge of EEO law, and must be trained in mediation theory and techniques.Maintaining confidentiality is an important component of any successful ADR program. Neutrality will help maintain the integrity and effectiveness of the ADR program.The facilitator's duty to the parties is to be neutral, honest, and to act in good faith. It is squarely based in the statutes creating and enforced by the Commission Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act and the Americans with Disabilities Act. If the parties reach an agreement, the parties will be allowed to settle as long as the proposed agreement is lawful, enforceable, and both parties are informed of their rights and remedies under the applicable statutes.Commission ADR proceedings will rely on a neutral third party to facilitate resolution of the dispute.
Used properly in appropriate circumstances, alternative dispute resolution (ADR) can provide faster, less expensive and contentious, and more productive results in eliminating workplace discrimination, as well as in … Fairness also requires that any Commission-sponsored program include the following elements:ADR programs developed by the Commission will be voluntary for the parties because the unique importance of the laws against employment discrimination requires that a federal forum always be available to an aggrieved individual. Equal Employment Opportunity Data Posted Pursuant to the No Fear Act Recognition of the differing circumstances that obtain in the Commission's District Offices suggests that ADR be flexible enough to respond to varied and changing priorities and caseloads.
All agencies are required to have an alternative dispute resolution (ADR) program. ADR encourages maximum use of mediation as the preferred EEO dispute resolution technique… An allegation that an ADR settlement agreement has been breached should be brought to the attention of the EEOC official responsible for that program function. EEOC has certain requirements that all agencies must follow when developing ADR programs. In addition, an evaluation component is essential to any ADR program in order to determine whether the program has achieved its goals, and how the program might be improved to be more efficient and achieve better results.Through this Policy Statement, the Commission affirms its commitment to the use of ADR techniques throughout its programs, where appropriate and feasible, including charge processing, litigation, federal sector EEO complaint processing, internal EEO complaint processing, labor-management relations and contract administration. To accomplish this purpose, the Commission will be guided by the nondisclosure provisions of Title VII and the confidentiality provisions of ADRA which impose limitations on the disclosure of information. Above all, any Commission ADR program must further the agency's mission.