National Aeronautics and Space Administration

A WIN-WIN

FOR EVERYONE

Equal Employment Opportunity (EEO)

Alternative Dispute Resolution (ADR) Program
2
3

D NASA is committed to early and informal resolution 

of EEO complaints.

D NASA believes efficient and informal resolution of 

EEO complaints will enhance teamwork, collaboration, 

employee engagement, and productivity and also build 

trust between managers and employees.

D NASA has established an EEO ADR Program that is 

available at each Center for resolving informal EEO 

complaints and at the Agency level for resolution of 

formal EEO complaints.

DID YOU KNOW?
4

THE BASICS

As required by the Equal 

Employment Opportunity 

Commission (EEOC), the 

Agency EEO ADR Program 

must conform to the core 

principles of fairness, 

flexibility, training, and 

evaluation. To meet the 

core principle of Fairness, 

the EEO ADR Program must 

be established upon the 

following four elements:

DVoluntary. Parties must knowingly 

and voluntarily enter into an EEO ADR 

proceeding. 

DNeutral. An EEO ADR proceeding must be 

impartial and independent of any control by 

either party, in both perception and reality. 

DConfidential. Parties who know that their 

EEO ADR statements and information are 

kept confidential will feel free to be frank 

and forthcoming during the proceeding, 

without fear that such information may later 

be used against them. 

DEnforceable. Agreement knowingly and 

voluntarily agreed to by the parties is 

binding on both parties.
5
6

There are numerous EEO ADR 

techniques available for use by 

agencies in their programs. Each 

agency has the flexibility to use 

the ADR technique that is the best 

fit for their culture and allows for 

the meaningful participation of all 

involved. Mediation, facilitation, and 

settlement conferences are common 

ADR techniques which involve 

the participation of all parties to 

the dispute.

The NASA EEO ADR Program is designed to fit the 

Agency’s environment and workforce and established 

based on the core principles of EEO ADR. 

The NASA EEO ADR Program primarily utilizes 

mediation, one of the most common 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. 

THE NASA EEO ADR 
7
8
9

DTo proactively address workplace conflicts in the EEO 

area through a heightened emphasis on ADR.

DTo help support a NASA working environment where managers, supervisors, employees, and applicants for employment have a constructive and expeditious way to resolve 

EEO disputes and can remain focused on the mission.

DTo provide a fair, timely, and cost-effective method for 

resolving EEO disputes.

DTo provide for a consistent approach Agency-wide in 

EEO ADR processes.

THE OBJECTIVES
FREQUENTLY ASKED QUESTIONS

What is mediation?

Mediation is one of the EEO ADR techniques which 

refers to the process where a third-party neutral, who 

is not a decision maker, facilitates discussion between 

the parties to help them reach a mutually acceptable 

resolution.

What is a third-party neutral?

In a mediation, a third-party neutral is called a 

mediator. The mediator is impartial, does not act as 

a judge, and does not render a decision or impose 

a solution on any party. Rather, the mediator guides 

the process and determines when to meet with both 

parties in a joint session or individually, establishes a 

tone to help parties engage in meaningful discussion, 

and creates a safe environment for discussion to 

enable the parties to resolve the dispute themselves.

Who are the parties?

In the Federal EEO process, the “parties” are the 

agency and the aggrieved or complainant. As such, 

the manager who was accused of discrimination 

does not qualify as a party because that person is 

not a statutorily proper defendant in the Federal 

EEO process.

What are the benefits of EEO ADR?

DEEO ADR can improve office morale and 

productivity by repairing the parties’ relationship 

and avoiding the tension caused by the 

investigative process.

DSaves both parties time and money, as litigation 

and adjudication generally costs more and can 

take years to reach a decision.

DEarly resolution of disputes through EEO ADR 

can make agency resources available for 

mission-related programs and activities.

DThe parties maintain considerable control over 

the EEO ADR process and will decide their 

own outcome.

DLeads to a mutually acceptable agreement, 

which is legally enforceable. 

DSettlement agreements do not require admission 

of liability.

DSettlement agreements are more durable 

because there is buy-in from the parties.

DUnlike decisions that are published, the terms 

of the settlement agreement are not routinely 

disclosed.
11

How does mediation work?

At the mediation session all parties present a 

summary of their points of view. Attorneys for the 

parties may be present. Typically, the mediator 

will then meet privately (caucus) with each party 

to explore more fully the facts and issues of each 

side. The caucus offers participants the opportunity 

to vent anger or frustrations outside the presence 

of the opposing side. The mediator usually will 

continue to caucus alternatively with each party, 

carrying settlement proposals back and forth until an 

agreement is reached. The agreement is then reduced 

to writing and signed by the parties.

How long does mediation take?

While the time required for mediation varies, the 

mediation session commonly involves less than a day. 

Who pays for the mediation?

Cost of mediation is shouldered by the Center 

(at the informal stage) and by NASA ODEO (at the 

formal stage).

What happens to the EEO complaint if 

mediation is elected? 

Mediation is designed around the time frames of the 

EEO regulations. For example, if the parties agree 

to participate in the mediation at the pre-complaint 

stage, processing period may be extended not to 

exceed 90 days. If the dispute is not resolved in this 

time frame, the agency must advise the aggrieved 

person not later than the 90th day after the EEO 

counselor contact of their right to file a formal 

complaint. However, resolution efforts may continue 

so long as the parties and the mediator agree. 

(Continued on the following page)
12
13

FREQUENTLY ASKED QUESTIONS

Similarly, if an individual enters into an EEO ADR 

procedure after a formal complaint is filed, the time 

period for processing the complaint may be extended 

by agreement for not more than 90 days. If the dispute 

is not resolved, the complaint processing continues 

and must be done within the extended time period.

Can parties bring a representative?

The parties have the right to representation throughout 

the complaint process, including during any EEO ADR 

process. While the purpose of EEO ADR is to allow 

the parties to fashion their own resolution to a dispute, 

all parties can bring a representative to the EEO ADR 

forum if they desire to do so. 

What happens when there is an agreement?

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 provide procedures 

available to the parties in the event that the parties fail 

to comply with the terms of the resolution. 

Settlement agreements do not require admissions 

of liability. 

Unlike decisions which are published, the terms of the 

settlement agreement must be kept confidential.

When is EEO ADR not appropriate?

While the Equal Employment Opportunity Commission 

(EEOC) expects the majority of matters to be 

appropriate for EEO ADR, the EEOC recognizes that 

there are instances in which EEO ADR may not be 

appropriate or feasible. Agencies may decline to offer 

EEO ADR for particular issues related to the agency’s 

mission. Agencies have discretion to determine 

whether a given dispute is appropriate for EEO ADR. 

(Continued from the previous page)
14
15

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-2016-05-2154-HQ