Common use of Alternative Dispute Resolution (ADR) Clause in Contracts

Alternative Dispute Resolution (ADR). A. Alternative Dispute Resolution (ADR) may be used to promote principles and practices that will contribute to an improved working relationship either before or during the processing of a grievance. The ADR process demonstrates a commitment to a positive approach and joint ownership of concerns and solutions. It is intended to resolve disputes quickly and informally. B. The ADR program will be guided by the following principles: 1. The employee grievant or his/her representative may opt to use the ADR process at any time during the grievance procedure prior to the Step 2 decision. 2. Any request for ADR must be filed to the Agency’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. 3. If a matter is not resolved through ADR, the grievance will continue through the grievance process, beginning at the step where the Party first made a request for ADR. (If the grievant already filed a step 2 grievance and was waiting a reply, the process resumes where it left off.) 4. This process does not take away statutory rights. 5. ADR is purely voluntary on the part of the Employee. Participation is open to all aggrieved Parties, i.e., employees, Union and Agency. 6. ADR is confidential according to applicable authorities. The Parties to the ADR process will be advised that the contents of the mediation discussion are confidential. All notes will be destroyed at the close of mediation. 7. All ADR Settlement Agreements signed by the Parties to the ADR are binding on the Parties and will be recorded. Each Party will be provided a copy of the ADR Settlement Agreement. Copies of agreement with original signatures will be maintained by both Parties. 8. Any issue subject to the grievance procedure may be considered for ADR. 9. The Parties agree to educate employees on the ADR process. 10. If ADR is requested, time frames of the grievance process are tolled until the ADR process is completed. 11. The ADR process will be completed within 30 (thirty) days. C. This section establishes general procedures and determinations for expenses and choice of mediators for national and local level ADR. 1. Choice of Mediators: a. ADR will be mediated by a mediator provided through the Federal Mediation and Conciliation Service or via another neutral mediation service if otherwise agreed to in writing by the Parties. Mediation procedures shall include signing the FMCS confidentiality agreement or equivalent prior to the beginning of the mediation session. Confidentiality will apply to the contents of mediation discussions and the grievant’s personal information, according to applicable authorities. The Parties agree that ADR is confidential and will adhere to the Procedures in Section 10.B.(6) of the NGP Article. b. Employee requests for ADR must be emailed to the Agency’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. c. Requests for ADR related to a Grievance of the Parties must be emailed to the other Party’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. d. Within three business days of initiating ADR, the Parties will coordinate available timeframes for mediation. Either Party can extend the timeline to five business days by written notice. Once the Parties agree to timeframes for mediation, the Agency will submit a request for an impartial qualified mediator within one business day and copy the Union. If the Agency fails to request a mediator timely, the Union will remind the Agency of its obligation. e. FMCS or a neutral mediation service mutually agreed upon by the Parties, will provide the name of an available mediator. Both Parties agree to schedule with the first available mediator, and the Parties agree to coordinate available dates and times for mediation within three business days of being provided the name of the mediator. If either Party has a concern with the first available mediator, an alternate mediator may be requested in accordance with applicable procedures.

Alternative Dispute Resolution (ADR). A. Alternative Dispute Resolution (ADR) may be used The department and the NCFLL recognize that ADR can serve as an effective tool to promote principles and practices that will contribute to an improved working relationship either before or during the processing of a grievanceresolve labor management disputes. The benefits of ADR process demonstrates a commitment can be avoiding protracted and costly litigation, improving working relationships between management and labor, and enhancing communications between employees and their supervisors. Therefore, the parties agree to a positive approach and joint ownership of concerns and solutions. It is intended to resolve disputes quickly and informallyimplement ADR as stipulated in this Article. B. The ADR program will may be guided by the following principles: 1. The employee grievant or his/her representative may opt utilized to use the ADR process resolve workplace disputes at any time during by mutual agreement between the parties, to include within the grievance procedure prior to the Step 2 decisionan arbitration hearing. 2C. If a grievance is submitted to ADR, the timeframes for further processing the grievance will be suspended commencing from the day on which the parties agree to proceed to ADR. D. The ADR process will be grievance mediation, utilizing mediators from the Federal Mediation and Conciliation Services (FMCS). The Department's Office of Departmental Labor Relations and Negotiations or Regional Labor Management Relations Office, as appropriate, will work together with the NCFLL to coordinate the responsibility of communicating with mediation services for obtaining the mediators. E. The aggrieved employee, a union representative, the supervisor/manager and a management representative may participate during the mediation. The parties agree that all information shared during the mediation shall be kept confidential and will not be admissible before an arbitrator or other administrative or judicial court. The mediation shall proceed for no longer than two consecutive days unless the parties mutually agree otherwise. Any request for ADR must settlement agreement shall be filed reduced to writing and signed by Management, the Agency’s designated representative in writing prior to aggrieved employee, and the expiration of any controlling time frame in the grievance processUnion. 3. F. If a the matter is not resolved through ADRthe ADR process, the grievance will continue through employee or the grievance process, beginning at Union retains the step where the Party first made right to file a request for ADRgrievance. (If the grievant already filed a step 2 grievance and was waiting a reply, the process resumes where it left off.) 4. This process does not take away statutory rights. 5. ADR is purely voluntary on the part of the Employee. Participation is open to all aggrieved Parties, i.e., employees, Union and Agency. 6. ADR is confidential according to applicable authorities. The Parties to the ADR process will be advised that the contents of the mediation discussion are confidential. All notes will be destroyed at the close of mediation. 7. All ADR Settlement Agreements signed by the Parties to the ADR are binding on the Parties and will be recorded. Each Party will be provided a copy of the ADR Settlement Agreement. Copies of agreement with original signatures will be maintained by both Parties. 8. Any issue subject to occurred during the grievance procedure may be considered procedure, the timeframes for ADR. 9. The Parties agree the Union to educate employees on the ADR process. 10. If ADR is requested, time frames of pursue or continue the grievance process are tolled until the ADR process is completed. 11. The ADR process will be completed within 30 (thirty) days. C. This section establishes general procedures and determinations for expenses and choice of mediators for national and local level ADR. 1. Choice of Mediators: a. ADR will be mediated by a mediator provided through the Federal Mediation and Conciliation Service or via another neutral mediation service if otherwise agreed to in writing by the Parties. Mediation procedures shall include signing the FMCS confidentiality agreement or equivalent prior to the beginning of the mediation session. Confidentiality will apply to the contents of mediation discussions and the grievant’s personal information, according to applicable authorities. The Parties agree that ADR is confidential and will adhere to the Procedures in Section 10.B.(6) of the NGP Article. b. Employee requests for ADR must be emailed to the Agency’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. c. Requests for ADR related to a Grievance of the Parties must be emailed to the other Party’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. d. Within three business days of initiating ADR, the Parties will coordinate available timeframes for mediation. Either Party can extend the timeline to five business days by written notice. Once the Parties agree to timeframes for mediation, the Agency will submit a request for an impartial qualified mediator within one business day and copy the Union. If the Agency fails to request a mediator timely, the Union will remind the Agency of its obligation. e. FMCS or a neutral mediation service mutually agreed upon by the Parties, will provide the name of an available mediator. Both Parties agree to schedule with the first available mediator, and the Parties agree to coordinate available dates and times for mediation within three business days of being provided the name of the mediator. If either Party has a concern with the first available mediator, an alternate mediator may be requested in accordance with applicable procedures.resumed

Alternative Dispute Resolution (ADR). A. Alternative Dispute Resolution (ADR) may be used to promote principles and practices that will contribute to an improved working relationship either before or during the processing of a grievance. The ADR process demonstrates a commitment to a positive approach and joint ownership of concerns and solutions. It is intended to resolve disputes quickly and informally. B. The ADR program will be guided by the following principles: 1. The employee grievant or his/her representative may opt to use the ADR process at any time during the grievance procedure prior to the Step 2 decision. 2. Any request for ADR must be filed to the Agency’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. 3. If a matter is not resolved through ADR, the grievance will continue through the grievance process, beginning at the step where the Party first made a request for ADR. (If the grievant already filed a step 2 grievance and was waiting a reply, the process resumes where it left off.) 4. This process does not take away statutory rights. 5. ADR is purely voluntary on the part of the Employee. Participation is open to all aggrieved Parties, i.e., employees, Union and Agency. 6. ADR is confidential according to applicable authorities. The Parties to the ADR process will be advised that the contents of the mediation discussion are confidential. All notes will be destroyed at the close of mediation. 7. All ADR Settlement Agreements signed by the Parties to the ADR are binding on the Parties and will be recorded. Each Party will be provided a copy of the ADR Settlement Agreement. Copies of agreement with original signatures will be maintained by both Parties. 8. Any issue subject to the grievance procedure may be considered for ADR. 9. The Parties agree to educate employees on the ADR process. 10. If ADR is requested, time frames of the grievance process are tolled until the ADR process is completed. 11. The ADR process will be completed within 30 (thirty) days. C. This section Section establishes general procedures and determinations for expenses and choice of mediators for national and local level ADR. 1. Choice of Mediators: a. ADR will be mediated by a mediator provided through the Federal Mediation and Conciliation Service (FMCS) or via another neutral mediation service if otherwise agreed to in writing by the Parties. Mediation procedures shall include signing the FMCS confidentiality agreement or equivalent prior to the beginning of the mediation session. Confidentiality will apply to the contents of mediation discussions and the grievant’s personal information, according to applicable authorities. The Parties agree that ADR is confidential and will adhere to the Procedures in Section 10.B.(6) of the NGP Article). b. Employee requests for ADR must be emailed to the Agency’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. c. Requests for ADR related to a Grievance of the Parties must be emailed to the other Party’s designated representative in writing prior to the expiration of any controlling time frame in the grievance process. d. Within three business days of initiating ADR, the Parties will coordinate available timeframes for mediation. Either Party can extend the timeline to five business days by written notice. Once the Parties agree to timeframes for mediation, the Agency will submit a request for an impartial qualified mediator within one business day and copy the Union. If the Agency fails to request a mediator timely, the Union will remind the Agency of its obligation. e. FMCS or a neutral mediation service mutually agreed upon by the Parties, will provide the name of an available mediator. Both Parties agree to schedule with the first available mediator, and the Parties agree to coordinate available dates and times for mediation within three business days of being provided the name of the mediator. If either Party has a concern with the first available mediator, an alternate mediator may be requested in accordance with applicable procedures.