Conflict Resolution Program
The purpose of the Conflict Management Program is to ensure early and effective management of unresolved conflict across the agency, reducing the high costs (direct and indirect) of prolonged disputes and returning personnel to productive mission focus in service of the Department and its warfighters.
The agency Alternate Dispute Resolution (ADR) and Conflict Management (CM) programs are supported by the Defense Office of Hearings and Appeals (DOHA) Center for Alternative Dispute Resolution and Conflict Management (CADR) which plays a pivotal role for Department of War (DoW) Office of General Counsel in overseeing and managing the DoD (ADR) Program, as mandated by the ADR Act (5 U.S.C. § 571 et seq.) and structured under DoDI 5145.05 (May 27, 2016). The Military Departments and other organizational entities within the DoW, collectively referred to as the "DoW Components," leverages their collective expertise while increasing and improving the quality and use of these practices as standard business operations and problem-solving tools within the DoW.
The Conflict Coaching Program offers several benefits, including:
- Personal and Professional Development: The program fosters personal and professional growth, enhancing the capabilities of Military Equal Opportunity Officers and EEO Collateral supporting staff.
- Conflict Management Support: It assists leaders at all levels in maintaining a productive work environment by preventing and settling disputes quickly.
- Structured Dialogue: Certified coaches guide individuals in solving problems and setting goals through structured conversations, addressing common topics like work-life balance and conflict resolution.
What is Facilitation?
Facilitation is a flexible process for working out interpersonal conflicts at the earliest possible stage, with the help of a certified neutral. Neutrals conducting facilitations are bound to the same standards of conduct,
such as confidentiality but can work informally within an organization. The conflict need not be part of an official complaint process, rather a leader can benefit from Alternative Dispute Resolution Sample Spectrum getting ahead of the problem with early intervention.
What is Mediation?
Mediation is one of many voluntary dispute resolution techniques collectively called Alternative Dispute Resolution or ADR. In mediation, a neutral third-party assist the opposing parties to reach a voluntary, negotiated resolution to a charge of discrimination. Mediation gives the parties the opportunity to discuss the dispute, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into solutions in the form of a settlement agreement. A mediator does not impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution.
How does Alternative Dispute Resolution work?
After contacting the EEO Office to request counseling, an EEO staff member may offer you the option of mediating your issue(s) using mediation instead of EEO counseling. It is your choice. If you elect mediation, management will identify the management official who will participate in the mediation with you and the mediator. The management official attending the mediation session will have knowledge of the dispute and be authorized to resolve it. Either party may have an attorney or other representation, but it is not mandatory. Every effort will be made to schedule your mediation within two to three weeks from the date of your election to mediate.
The process starts with the mediator explaining how mediation works and answering your questions. During the mediation session, the mediator guides a discussion between you and the designated management official. If mediation is successful, the terms agreed to are written down in a settlement agreement that is binding on all parties. If mediation is unsuccessful, you are given the right to file a formal complaint of discrimination.
Why should you consider participating in mediation?
- Fair and Neutral - You and the designated management official have equal say in the process and both of you - not the mediator - decide the terms of the settlement. Guilt or innocence is not determined.
- Saves Time - Coordinating all parties' schedules usually takes longer than mediation. Many mediations are completed in one meeting. Legal or other representation is optional but not required.
- Confidential - All parties sign a confidentiality agreement. Discussion that takes place during mediation will not be revealed to anyone. After the mediation is over, the mediator destroys all the discussion notes if there are any.
- Avoids Lengthy Litigation - It takes 30 to 90 calendar days for counseling at the pre-complaint level and more than a year to have a formal complaint processed and the outcome at both stages of the complaint process is uncertain. Mediation is quick and the outcome is a settlement agreement or the right to file a formal complaint.
- Fosters Cooperation - Mediation fosters a problem-solving approach to disputes, which enables the parties involved to use the techniques learned to reduce future workplace disruptions. Pre-complaint counseling and formal complaint investigations gather facts, but the underlying problems may remain because they are not discussed.
- Improves Communications - Mediation provides a neutral and confidential setting where both parties can openly and confidentially discuss their views on the underlying dispute. Parties share information, which can lead to a better understanding of each other's perspectives and mutually satisfactory resolutions.
Design Your Own Solution - A mediator assists you and the designated management official in voluntarily reaching a mutually beneficial resolution. Mediation can resolve all underlying issues important to the parties, not just the legal dispute.
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