National Aeronautics and Space Administration

for Managers and Supervisors

EEO ADR GUIDE

Equal Employment Opportunity (EEO)

Alternative Dispute Resolution (ADR) Program
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“We all know that differences of opinion happen, and there are many expectations about 

how conflicts will be addressed. However, I believe that with effective conflict-resolution 

mechanisms in place, we can continue to promote healthy working relationships and 

open communication among employees and between managers and employees.”

– Charles F. Bolden, Administrator

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The NASA EEO ADR Program is designed to resolve 

EEO complaints at every Center (informal EEO process) 

and at the Agency level (formal EEO process) through 

facilitation by a neutral third party.

The NASA EEO ADR Program primarily uses mediation, one of the 

most common and effective methods of ADR, as a way to quickly and 

appropriately resolve EEO complaints. It provides individuals with the 

opportunity to develop mutually agreeable solutions. It also allows the 

individuals involved in the dispute to have a greater voice in the outcome 

than in the traditional EEO process, where the outcome is determined by 

a NASA official or Equal Employment Opportunity Commission (EEOC) 

Administrative Judge. 

Although mediation is the most widely used method of EEO ADR at 

NASA, occasionally other forms of EEO ADR are utilized (e.g., facilitation, 

settlement conferences, and shuttle diplomacy). 

NASA EEO ADR
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Mediation is a process through which a neutral 

third-party, who is not a decision maker, 

facilitates a discussion between the parties 

to help them reach a mutually acceptable 

resolution.

Mediation gives the parties the opportunity to discuss issues, 

clear up misunderstandings, find areas of agreement, and ultimately 

incorporate those areas of agreement into solutions. 

A mediator does not impose a decision on the parties.

Instead, he or she helps the parties to agree on a mutually 

acceptable resolution.

MEDIATION
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“There are many benefits that result from EEO ADR. It enhances efficiency and eliminates 

unnecessary case-processing expenses. But the greatest benefit is the eradication of 

distrust that contaminates the work environment. It allows teams to return to full, cohesive, 

and collaborative functioning and permits employees to realize their greatest potential.”

– Brenda R. Manuel, Associate Director for Diversity and Equal Opportunity

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1 Fair and Neutral. The neutral party assigned to 

the case has no vested interest in the dispute 

and can be objective, encourage active listening, 

promote understanding, and generate a wide 

variety of options. 

2 Confidential. EEO ADR typically involves 

the disputing parties and their designated 

representatives, if any. An individual with 

authority to make decisions may also attend or 

be available to the parties, if needed. Witnesses 

are not called, and evidence is not produced. 

The neutral party is bound by strict confidentiality 

to keep anything shared during the mediation 

in confidence unless otherwise permitted or 

required by law to disclose.

3 Accessible. NASA offers EEO ADR at both the 

informal and formal stages of the complaints 

process.

4 Parties Maintain Control of the Outcomes. 

Parties design their own solutions. Through the 

exchange of information and ideas, parties make 

choices on what is in their best interest. 

5 Structured Dialogue. Ineffective communication 

can cause workplace disputes. EEO ADR offers 

the opportunity to improve communication 

through structured dialogue where conversations 

can be facilitated to ensure they are meaningful 

and productive.

6 Better Relationships. EEO ADR is a professional 

way to deal with workplace disputes. Although 

disagreements will occur, how we choose to deal 

with them lays the foundation for our working 

relationships with others and how we serve 

our customers. Even if agreements cannot be 

reached, one can build a relationship of respect 

by trying to talk and work things out instead 

of avoiding or doing nothing and allowing the 

matter to escalate. 

7 No Admission of Liability. Settlement agreements 

reached during mediation are not admissions by 

NASA of any violation of law. Instead, it is a costeffective means to resolve cases without further 

exposing the Agency to potential risk or liability.

8 Saves Time and Money. Litigation and 

adjudication generally costs significantly more 

and can take years to reach a decision. 

10 REASONS TO USE EEO ADR 
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9 Settlement Agreements are Durable. There 

is more buy-in from the parties because 

they craft the outcomes themselves. 

Settlement agreements do not require 

admission of liability and are legally 

enforceable. Additionally, unlike decisions 

that are published, the terms of the settlement 

agreement are not routinely disclosed.

10 It Works! More than half of all EEO ADR 

sessions conducted at NASA end in a 

resolution. When EEO ADR is used, it typically 

results in a mutually acceptable settlement, 

the scope of the issues is narrowed, or a 

pending action is withdrawn. Even when a 

settlement is not reached, the parties benefit 

from the process, which leads to improved 

work environments.

PROCESSING DAYS: ADR VS. NON-ADR

2011 2012 2013 2014 2015

0

100

200

300

400

500

600

465

49

Average no. of days using ADR

46 42 53 44

565

386 390

464

Average no. of days without ADR

Processing time is considerably shorter with ADR than 

with the traditional complaint process and saves the 

Agency money and manpower.

SETTLEMENTS: ADR VS. NON-ADR

Informal ADR Formal ADR

0

5,000

10,000

Dollars ($)

15,000

20,000

25,000

35,000

30,000

1,963

6,333 7,000

32,500

6,500

10,822

7,500

0 0

6,986

2011 2012 2013 2014 2015

Most EEO cases that use ADR result in settlements that 

are non-monetary. However, when monetary settlements 

are reached, the cost is relatively negligible.
“An effective EEO ADR Program can do more than just resolve disputes. It strengthens 

the Agency’s commitment to an environment where employees can communicate 

concerns and dissenting opinions without fear of reprisal. It encourages free and open 

communication across lines of supervision.”

– Sumara M. Thompson-King, General Counsel, NASA

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D Focus on the issues and interests, not the 

personalities of the parties involved. The 

time spent understanding the issues will 

pay plenty of dividends during the ADR 

process. It helps you make concessions 

and compromises and justify your 

interests as negotiations proceed. The 

complainant has agreed to the ADR 

process in an attempt to resolve the 

complaint. You have been identified 

because you have the power and authority 

to explore options to resolve the issues 

under dispute without costly litigation.

D Explore all possible options for resolving 

the complaint. Be creative. A resolution 

might not require money or the elimination 

of an adverse action. There may be 

other tangibles that can be offered, such 

as training, rotational assignments, or 

mentoring. However, make sure whatever 

is agreed upon can be implemented. 

D Eliminate any preconception you might 

have that EEO ADR is an adversarial 

proceeding. Neither party has a burden 

of proof to establish the merits of their 

claims in ADR, as you would in a legal 

proceeding. Be logical, reasonable, 

persistent, and patient. Let the neutral 

party work to establish open lines of 

communication and negotiation.

D Listen very well to what the complainant 

has to say. Shed any assumptions about 

what you think the issues are and what 

you think the complainant wants. Turn 

off the part of your brain that wants to 

engage in a silent rebuttal every time 

the complainant speaks; instead, listen 

to what he or she is saying. Keep in 

mind that the complainant feels strongly 

that he/she has been wronged by the 

Agency, possibly by you or by one of 

the supervisors or managers in your 

organization. The complainant has 

therefore sought some kind of relief by 

pursuing this avenue of conflict resolution. 

You may be surprised that all many 

complainants want is to have someone 

from management listen to them as they 

explain issues from their perspective.

THINGS TO REMEMBER
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You may be surprised at the strong liaison, 

trust, and credibility you establish with the 

complainant from the EEO ADR session.

PROCESSING INFORMATION

D EEO ADR is designed around the time frames 

of the EEO regulations. If the parties agree to 

participate in the mediation at the pre-complaint 

stage, the processing period may be extended 

up to 90 days. If no resolution is reached, the 

agency must advise the aggrieved person not 

later than the 90th day of their right to file a 

formal complaint. 

If an individual enters into an EEO ADR after 

a formal complaint is filed, the time period 

for processing the formal complaint may be 

extended by agreement up to 90 days. If the 

dispute is not resolved, the agency resumes 

processing the individual’s formal complaint.

D If the parties agree to a resolution, the terms of 

the agreement must be in writing and signed by 

both parties. The written agreement must state 

clearly the terms of the resolution and make 

procedures available to the parties in the event 

that either party fails to comply with the terms of 

the resolution. 

D Settlement agreements do not require admissions 

of liability or wrongdoing.

D Unlike decisions which are published, the terms 

of the settlement agreement must be kept 

confidential.
“The courts of this country should not be the places where resolution of disputes begins. 

They should be the places where the disputes end after alternative methods of resolving 

disputes have been considered and tried.” 

– Sandra Day O’Connor, Retired Associate Justice, Supreme Court of the United States

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For additional information about the program, contact the Agency 

ADR Program Manager in the Office of Diversity and Equal Opportunity, 

Complaints Management Division at 202-358-2180.

You may also wish to review your Center’s EEO ADR procedures, which are available 

through your Center’s Equal Opportunity Office.

D Ames Research Center (ARC)

650-605-6507

D Armstrong Flight Research Center (AFRC)

661-276-3033

D Glenn Research Center (GRC)

216-433-2378

D Goddard Space Flight Center (GSFC)

301-286-7348

D Headquarters (HQ)

202-358-1098

D Johnson Space Center (JSC)

281-483-0603

D Kennedy Space Center (KSC)

321-867-9166/1066

D Langley Research Center (LRC)

757-864-3289

D Marshall Space Flight Center (MSFC)

256-544-6764

D NASA Shared Services Center (NSSC)

228-813-6055

D Stennis Space Center (SSC)

228-688-2079

POINTS OF CONTACT
National Aeronautics and Space Administration

NASA Headquarters

300 E Street SW

Washington, DC 20546

www.nasa.gov

NP-2016-05-2155-HQ