An Alternative to Formal Complaints

ome agencies are attempting to circumvent the formal EEO complaint process with alternative dispute resolution (ADR) methods that can save money and, more importantly, bolster the morale of employees caught in stressful situations. ADR encompasses a wide range of techniques, including mediation, fact-finding and arbitration.

Programs emphasize outcome over process, focusing on the need to get two parties talking and patch up fraying work relationships before they are irreparably damaged.

Early verdicts on ADR are encouraging. An early dispute resolution program established at Walter Reed Army Medical Center in 1994 has resolved 69 percent of potential complaints. By resolving problems early, program director Lawrence L. Nelson estimates Walter Reed has saved more than $5 million in administrative and productivity costs.

"We try to encourage eye-to-eye contact and direct communications" between the two parties in dispute, says Nelson. By the end of a session, he says, "You often see tears shed. People hug each other because they really like each other; they just didn't have a chance to get past that conflict."

At the beginning of an ADR session at Walter Reed, trained mediators lay out the ground rules: Participants should keep interruptions to a minimum; whatever is discussed will remain confidential; and there are no time limits. Then the employee alleging a problem simply starts telling his or her side of the story, to which the other party will later respond. Nelson sums up the program's philosophy simply: "There are no perpetrators, there are no offenders. There are two people who have a conflict."

Walter Reed now trains all new managers in conflict resolution techniques, hoping that most disputes will be resolved within individual offices. The facility plans to implement an "early neutral evaluation" program, in which mediators would be dispatched directly to offices to settle disagreements. For more serious conflicts, it is experimenting with using a neutral third party to conduct fact-finding missions.

At the Pentagon, an ADR program run by the Naval Sea Systems Command has proven similarly successful. During its first year, the Early Resolution Unit helped resolve 84 percent of the disputes it handled. Donald Faulkner, who heads the program, attributes its popularity partly to the fact that participants have control over the process. They are allowed to choose among various options, including the use of a professional arbitrator or a volunteer ombudsman trained in mediation and counseling techniques.

At Naval Sea Systems, as at Walter Reed, ADR is mandatory for managers involved in a dispute. Employees can opt out, but many try the process.

Nelson and Faulkner alike say ADR methods tend to improve the relationship between two parties even when they fail to reach agreement. "With downsizing, morale is a key consideration. We want to intervene at the earliest possible stage, which will hopefully help maintain or enhance working relationships," says Faulkner.