Dispute Resolution More Effective Earlier: EEOC

When it comes to workplace disputes in the federal government, offering a neutral resolution process is more effective, the earlier it’s offered.

That’s the conclusion of a new report from the U.S. Equal Employment Opportunity Commission (EEOC).

The report found that alternative dispute resolution (ADR), the process in which a neutral third party helps parties reach an agreement without litigation, is significantly more effective when offered early in the complaint process as opposed to waiting until the formal complaint process begins.

“Workplace disputes are always best resolved early,” said EEOC associate director for federal sector programs Dexter Brooks. “Federal ADR programs have proven successful, especially when professionally handled.”

All agencies are required to have a fair ADR program, although their administration differs by agency. 

Study Details

This report is the second in a series. The first report reviewed complaint information from fiscal year (FY) 2019. The second report reviewed complaint information from FY 2021. The information was largely gleaned from Form 462, which tracks the stages of the complaint process.

Researchers found that in FY 2021, agencies offered ADR more often during the pre-complaint stage (87 percent of the time) than during the formal complaint stage (17 percent).

Agencies also accepted ADR more in the pre-complaint stage than in the formal complaint stage (55.5 percent vs 6.4 percent).

However, researchers found that agencies were significantly happier with the ADR process than complainants. Over half, 46 out of 72 complainants, told EEOC they were unhappy with the fairness of the ADR process, while nearly all responsible management officials (RMOs) indicated “satisfaction with its fairness.”

In addition, 41 of the 46 unhappy complainants said they’re considering leaving their agency, in part over participation in ADR.

Recommendations 

The EEOC provided recommendations for federal agencies to improve the process. They include:

·      Providing training and education that focuses on the roles and expectations of management as well as outcomes from negotiated settlements.

·      Keeping ADR participants informed of procedural steps throughout the process.

·      Creating an agency tool to collect feedback after the mediation process.

·      Encouraging good faith cooperation and participation among all participants.

“We hope this report will provide some tips for federal agencies and workers,” added associate director Brooks.