ADR Slides

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ALTERNATIVE DISPUTE RESOLUTION MEDIATION Click on mouse to scroll through presentation MEDIATION - AN ALTERNATIVE FOR DISPUTE RESOLUTION Mediation is a dispute resolution process which is nonadversarial in nature Seeks not to declare winners or losers, but to find reconciliation between disputing parties WIN WIN MEDIATOR Webster defines a mediator as “one who serves as an intermediary to reconcile differences” GOOD NEWS STORIES Department of Justice: Medicaid Drug Rebate Program resolved claims for more than $360 million in 46 states Air Force: Between FY 92 and FY 95, the reported use of ADR to resolve EEO complaints increased five-fold and the average number of days required to settle formal EEO complaints decreased by 60% MEDIATION - BENEFITS Win-Win Situation  Confidential  Encourages open communication  Saves money/time  Neutral Third Party mediates  Allows parties to resolve differences themselves  EEO complaint process continues if no agreement reached MEDIATION -- THE PROCESS Physical setting Remarks by the parties Joint discussion Caucus Reconvening parties Writing agreement PHYSICAL SETTING Private area away from work location Parties seated to convey sense of equality Mediator seated to maintain control REMARKS BY THE PARTIES Mediator opens the session Parties have the opportunity to make opening remarks and present their issues JOINT DISCUSSION Mediator facilitates through several means Open exchange is encouraged Parties may want to produce evidence CAUCUS Mediator meet with complainant Mediator meet with management RECONVENING PARTIES Agreement No Agreement WRITING AGREEMENT Mediator writes Parties responsible for substance MEDIATION OBSTACLES Dispute is inappropriate Approval authority not in attendance Lack of an agreement MEDIATION BENEFITS YOU! Managers/Supervisors Counselors Employees NOTE PAGES Several charts contain note pages with additional information

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