Alternative 

Dispute Resolution 

(ADR)

What is ADR?

A Constructive Way to 

Address Differences and 

Resolve Disagreements

ADR is a process in which a third party 

neutral assists disputants in reaching an 

amicable resolution through the use of 

various techniques. ADR describes a 

variety of approaches to resolve conflict 

which avoid the cost, delay, and 

unpredictability of the traditional 

adjudicatory processes while at the same 

time improving workplace communication and morale.

In 1990, the Administrative Dispute 

Resolution Act (ADRA) required each 

federal agency to adopt a policy on ADR 

use. In 1996, ADRA was reenacted as the 

Administrative Dispute Resolution Act of 

1996 (ADR Act). In 2000, the Equal 

Employment Opportunity Commission 

(EEOC) required all federal agencies to 

establish or make available an ADR 

program during the pre-complaint and 

formal complaint stages of the EEO 

process. Additionally, EEOCs regulation, 

29 C.F.R. § 1614.603, requires agencies to 

make reasonable efforts to voluntarily 

settle EEO discrimination complaints as 

early as possible in, and throughout, the 

administrative process.

We administer the TSP solely in the interest 

of Participants and Beneficiaries.

FRTIB EEO, Diversity & Inclusion Initiatives

Don Sapp,

EEO Manager, Office of Resource Management

77 K Street, NE - Room # 10-098

Washington, DC 20002

202-864-8536 (Office)

202-748-2422 (Cell)

Donald.Sapp@tsp.gov 

What’s In It For You?

Conflict, which comes in different forms and degrees, 

is inevitable in the workplace. If mismanaged, minor 

irritations may escalate to be disputes that divert management’s and employees’ attention from carrying out 

the Agency’s mission. Research consistently shows 

that managers and employees spend a significant 

amount of time dealing with workplace conflict.

Research also shows that it pays to address and manage conflict in a timely manner to harness the benefits 

it offers all, regardless of one’s rank in an organization. Engaging in an ADR technique or otherwise 

incorporating conflict management principles into 

how we conduct our business will likely produce the 

following benefits:

 Increased productivity and efficiency

 Preservation of working relationships

 Building trust
10 Reasons to Use Alternative Dispute Resolution

1. SAVES TIME

Alternative Dispute Resolution (ADR) can 

result in a just resolution significantly faster 

than other forums used to resolve disputes, 

such as grievance and EEO complaint 

processes that can take months or even years 

to reach an outcome. 

2.COST EFFECTIVE

Various studies on negotiations confirm that the 

later in the process settlement is reached, the 

higher the cost. Resolution through ADR 

enables the parties to eliminate or minimize the 

expenses of litigation and reach an acceptable 

resolution earlier in the process. 

3. FAIR AND NEUTRAL

A facilitator or mediator is assigned to each 

case. These individuals have no vested 

interest in the dispute, can be objective, 

encourage active listening, promote understanding, and generate options. When 

opinions begin to form and emotional 

responses surface, the parties can benefit 

from a third party’s skills.

4. MULTIPLE BENEFITS

ADR processes such as mediation and facilitation also help the participants:

 Separate the people from the problems;

 Explore all interests to define the issues 

 clearly;

 Brainstorm a variety of possibilities and 

 opportunities;

 Establish a fair process and objective 

 criteria; and

 Focus on effective communication and 

 relationships

5. STRUCTURED DIALOGUE

Ineffective communication can cause workplace 

disputes. Facilitation and mediation are 

opportunities to improve communication through 

structured dialogue where conversations can be 

more meaningful and productive.

6. INCREASED KNOWLEDGE AND AWARENESS

When lines of communication are opened or 

improved, all parties can gain new insights and 

more easily determine how to address the issues in 

dispute with an enhanced understanding of each 

other’s concerns.

7. MULTIPLE OPTIONS

ADR generally refers to a continuum of processes 

and approaches that are designed to resolve disputes 

in a manner which avoids the cost, delay, and 

unpredictability of more traditional adversarial and 

adjudicatory processes, such as, litigation, hearings, 

and appeals. Numerous types of ADR techniques 

exist, including mediation, facilitation, fact finding, 

early neutral evaluation, the use of an Ombudsman, 

settlement conferences, mini-trials, and peer review.

8. CONFIDENTIALITY

ADR typically involves the parties in dispute 

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 facilitator is 

bound by strict confidentiality to keep anything shared in confidence unless required by 

law to be disclosed.

9. BETTER RELATIONSHIPS

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.

10. RESULTS

Many high-stakes cases of great complexity 

have been resolved through ADR. Even in 

cases where the parties themselves doubted a 

resolution was possible. Either a mutually 

acceptable settlement is reached, the scope of 

the issues is narrowed, or a pending action is 

withdrawn. In most cases, the parties leave 

benefitting from the process.