The U.S. Equal Employment Opportunity Commission

ADR Program Checklist

I. The ADR Process

  1. ADR is available at any stage of the EEO process:
    1. Pre-complaint stage
    2. Formal complaint stage
  2. The matters where ADR is not available - agencies may limit ADR on a case-by-case basis, geographically, and/or by issue, but cannot decline to offer ADR due to the bases involved
  3. ADR election made after agency offer
  4. The type or types of ADR that the agency offers
  5. The source or sources of neutrals
  6. Agency officials have duty to cooperate
  7. Agency representatives must have full settlement authority or have immediate access to someone who has full settlement authority
  8. ADR is completed within 90 days
  9. ADR Program does not diminish 1614 rights, including right to a hearing or a final agency decision (FAD)

II. Clear explanation of EEO/ADR process

  1. Training provided to management and employees
  2. The time frames involved in both the administrative process and the ADR process
  3. Collective Bargaining Agreement (CBA) and Privacy Act concerns are noted
  4. Procedures and forms are clearly written and legally correct

III. Relies upon Core Principles of ADR

  1. Fairness
    1. Right to representation
    2. Sufficient time to consider ADR offer
  2. Voluntariness
    1. Voluntary Participation
    2. Terminate participation at any time
  3. Neutrality
    1. Neutral has received professional ADR training as is generally recognized in the dispute resolution profession
    2. Neutral has no conflict of interest with parties
    3. Neutral is knowledgeable of EEO law
    4. Neutral is independent from agency, preferably not EEO counselors
    5. Neutral may not be EEO Counselor in same matter
  4. Confidentiality
    1. Confidentiality provision of ADRA observed
    2. Neutrals may not testify in later proceedings
    3. All documents are destroyed, where appropriate
  5. Enforceability
    1. Settlement agreements are in writing and signed by parties
    2. EEOC has enforcement authority over the settlement agreements
  6. Evaluation
    1. Use of evaluative mechanisms

This page was last modified on April 17, 2002.

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