Who can

Initiate Mediation?

An employee, former employee or applicant 

who contacts an EEO counselor regarding 

his/her belief that an action or situation 

in the workplace occurred due to unlawful 

discrimination can request mediation in lieu 

of traditional EEO counseling. The EEO 

counselor will advise the individual of the 

mediation option and of his/her rights under 

the EEO process. 

If the individual elects to have his/her 

concern(s) mediated, the case will be evaluated 

by the Operating Administration (OA) Civil 

Rights Office, or the appropriate contact office, 

to determine whether mediation is appropriate. 

If a determination is made that mediation 

is appropriate, management will be asked to 

participate. Once both parties agree to go to 

mediation, the request will be referred to the 

Mediation Coordinator. 

A mediator will then be assigned and dates will 

be coordinated with the participating parties.

Who Arranges the 

Location?

The Mediation Coordinator works with the 

mediator and the parties to identify a neutral 

location for the session to be held. 

Disability 

Accommodation.

The Mediation Coordinator will respond to any 

requests to accommodate a disability during the 

mediation process.

Mediation is not

Litigation!

A mediator does not determine who is right or 

wrong. The mediator works as a facilitator to 

enable the parties to work together to create 

their own solution. Mediators do not provide 

legal advice. However, either party may have a 

representative or legal counsel present during 

the mediation session.

Benefits of Mediation. 

The mediation process acknowledges all points 

of view in a conflict and focuses on finding a 

workable solution to the dispute rather than on 

the causes or who is at fault. Participation in a 

mediation session assists the parties in resolving 

problems in a constructive manner. Mediation 

saves time, expense, and the emotional distress 

of living with unresolved conflict in the 

workplace. Mediation promotes a renewed, 

positive working relationship between parties 

and supports the accomplishment of the 

Department’s mission.

Is the Resolution a 

Written, Binding and 

Legal Agreement?

When the parties agree on a mutually 

acceptable solution to the dispute, a written 

agreement is developed by the mediator, 

which all parties to the mediation sign. This 

document reflects that the EEO matter is 

resolved.

An agreement reached in mediation has the 

same effect as any other settlement 

agreement, i.e., the agreement is binding on the 

parties and is legally enforceable.

When there is no resolution, the complainant 

has the right to resume the EEO complaint 

process.

Who can Terminate a 

Mediation Session? 

Participation in mediation is voluntary. Either 

party may withdraw from the mediation at any 

time. Withdrawal from mediation will not effect 

the individual’s right to continue the claim 

through the traditional administrative EEO 

complaint process. 

FOR FURTHER INFORMATION

A video entitled, “From Conflict to Resolution: 

The DOT Mediation Program for EEO cases” 

is available on the DOT website. It describes 

the mediation process in depth, discusses the 

causes of conflict, ways of resolving conflict, 

and also describes the EEO process. You may 

access The Departmental video at 

http://www.dotcr.ost.dot.gov/video/index.html
Are Mediation Sessions 

Confidential? 

Mediation is a confidential process. Confidentiality 

means that neither you nor the mediators can be 

compelled to testify in a court or administrative 

proceeding about what was said or done in the 

mediation session. The mediator agrees not to 

disclose any communication provided by a party to 

the mediator in confidence, unless:

(1) all parties agree in writing to disclose the 

information; (2) the information has already been 

made public; (3) the disclosure of the information 

is required by law; or (4) a court determines that 

disclosure of the information is necessary. 

What Happens

in a Mediation Session? 

The mediation process begins with an introduction 

by the mediator and discussion of the process. 

The parties describe the matter prompting the 

dispute. Both parties provide information on the 

situation from their personal perspectives.

After each party has had the opportunity to 

speak, the mediator may ask questions to clarify 

the matter(s) discussed. This is done in a joint 

session with both parties present. The mediator 

may continue with a series of private meetings 

(caucuses) where the mediator explores various 

options for resolving the dispute.

During a private caucus, the party has the chance 

to suggest possible solutions to the conflict. 

HQ-033105

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

ONEDOT Sharing Neutrals

EEO Alternative Dispute 

Resolution Program

What is the ONEDOT 

Sharing Neutrals EEO 

ADR Program?

The ONEDOT Sharing Neutrals EEO ADR 

Program is a Department-wide program that 

uses mediation to quickly resolve workplace 

disputes during any stage of the equal 

employment opportunity (EEO) complaint 

process. It is established pursuant to the 

requirements of 29 CFR Part 1614.

What is Mediation? 

Mediation is a form of Alternative Dispute 

Resolution (ADR). It is ADR process that is 

particularly suited to help individuals resolve 

workplace disputes and reach a mutual 

agreement.

Mediation offers the disputants:

l	 An opportunity to be heard;

l	 An opportunity to develop new ways 

of dealing with conflict; and

l	 An opportunity to create a mutually 

agreeable solution that is binding on the 

parties.

Who is the Mediator? 

A mediator is a trained professional in conflict 

resolution, specifically, the mediation process. 

The mediator is impartial and does not take sides 

or render a decision on the merits of the dispute. It is the policy of the U.S. Department of Transportation 

to prohibit discrimination on the basis of race, color, 

national origin, religion, sex, age, disability, reprisal or 

sexual orientation.

DOT CIVIL RIGHTS CONTACT INFORMATION

Office of the Secretary Departmental 

Office of Civil Rights (202) 366-4648

Federal Aviation Administration (202) 267-3254

Federal Highway Administration (202) 366-0693

Federal Railroad Administration (202) 493-6012

National Highway Traffic Safety 

Administration (202) 366-6795

Federal Transit Administration (202) 366-4018

Pipeline and Hazardous 

Materials Safety Administration (202) 366-9638

St. Lawrence Seaway 

Development Corporation (315) 764-3208

Maritime Administration (202) 366-3449

Federal Motor Carrier Safety 

Administration (202) 366-8810

Research and Innovative 

Technology Administration (202) 366-7582

Office of the Inspector General (202) 366-1444

TTY/TDD: Federal Relay Service:

TDD/TTY (800) 877-8339

Voice (800) 877-8339

VCO (800) 877-6280

Speech-to-Speech (877) 877-8982

MEDIATION

Way of Resolving Disputes