OCR recognizes the importance of resolving allegations of discrimination at the informal stage of the EEO complaint process. To encourage the resolution of informal EEO complaints, OCR has developed an Alternative Dispute Resolution pilot program which will be offered as an alternative to traditional EEO Counseling. Mediation is the specific ADR technique that will be utilized during this pilot. Mediation is a voluntary process in which an impartial party, the mediator, assists the complainant and management officials to explore ways to resolve their differences. Emphasis is placed on increasing communication between parties, finding areas of agreement or common ground, and reaching mutually-acceptable resolutions.
Mediation is an opportunity for employees and management to jointly resolve their disputes.
During informal EEO counseling, employees and managers rarely come together to discuss discrimination issues with an emphasis on resolution. Consequently, the EEO Counselor becomes the focal point of communication. In contrast, mediation encourages direct communication between the parties in conflict. The mediator facilitates this communication, but does not render a decision. Any settlement reached through mediation must be achieved by the parties themselves.