BALTIMORE FEDERAL EXECUTIVE BOARD

MEDIATION SERVICES PROGRAM

Background:

ADR is being promoted in many contexts as a cost-effective means of resolving disagreements and avoiding litigation. The Administrative Dispute Resolution Act (PL 101-552) encourages federal agencies to use mediation and other ADR techniques to avoid or resolve disputes. Shared services have the benefit of reducing costs and increasing objectivity by using mediators not employed by the agency where the mediation has taken place.

The Baltimore Federal Executive Board (FEB), Alternative Dispute Resolution (ADR) Council has established a Mediation Services Program (MSP) to provide no cost mediation assistance to its participating agencies. If you have a workplace dispute within your agency, the mediation process established by the Baltimore FEB can assist employees and mangers in addressing and resolving disputes.

To facilitate the use of mediation among federal agencies, the FEB's Mediation Services Program maintains a roster of qualified mediators available to mediate workplace disputes for Baltimore FEB agencies. Requesting organizations are asked to sign an agreement to participate in the MSP. The ADR Council may periodically seek volunteer mediators from member organization to serve as MSP collateral duty mediators.

Currently, the MSP is only providing mediators for cases involving workplace disputes (EEO, union grievance, communications issues, etc.). Requests for mediators in cases involving non-workplace issues will be considered for any assistance possible.

Procedures:

The process begins when an agency requests a mediator. The FEB's Mediation Services Program provides the name and telephone number of a mediator(s) and the requesting agency contacts him/her. The mediator contacts the Parties to schedule the mediation session, usually within a week of the request. Mediators frequently rely on the requesting agency to provide a neutral location for the session and any other logistical assistance that may be required. If the mediator or the requesting agency believes there is any potential conflict of interest, MSP can assign another mediator(s).

The Mediation Services Program provides mediator(s) at no cost to the requesting agency. The only expense that could be incurred by the requesting agency is local travel reimbursement (e.g., mileage) if requested by the mediator(s).

If the parties reach agreement, the agreement is reduced to writing, signed by the parties and any/all required approving officials, and submitted by the mediator to the requesting agency. If mediation ends without an agreement, the case is referred back to the requesting agency for the next steps in its processes. At the close of the mediation, the mediator provides the parties with evaluation forms and asks the parties to return the forms to the MSP. For tracking purposes, the mediator(s) reports whether an agreement was reached but does not provide any additional information because mediation requires an assurance of confidentiality.