Do you have any tips for Alternative Dispute Resolution (ADR)?

Social and Communications
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My EEO complaint is going to ADR next week. I’ve never done mediation before. I don’t have a representative, but I have lots of evidence and some solid legal support.

How does ADR work? Does the mediator lead? Do I have to prove my case there? Should I be cooperative or aggressive? Any advice would help.

I also want the disciplinary action against me to be canceled. It’s part of the EEO issues, but I filed a separate grievance about it. I’m confident it will be canceled through the grievance process alone. Are these two matters connected now? Like, can they use canceling the discipline as a bargaining chip in the EEO process, even if I expect it to be canceled through the grievance process anyway?

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Absolutely! ADR, or Alternative Dispute Resolution, can be a great way to settle disagreements outside of court.

  • Pick your path: Mediation (find common ground) or Arbitration (get a final decision).
  • Know the pros and cons: Faster, cheaper, less stressful than court, but not always confidential and outcomes can be unpredictable.
  • Be prepared: Gather documents, know your goals, and be willing to compromise.
  • Consider help: A skilled mediator keeps things on track and a lawyer protects your rights.
  • Key takeaway: Communicate clearly, be respectful, and walk away if ADR isn’t right for you.
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ADR is an alternative to the traditional EEO complaint process and is designed to be faster and less formal.
The mediator facilitates the discussion but does not decide the case. You won’t have to prove your case like in court, but you should present your evidence and arguments effectively.
It is important to note that In mediation, it is generally advisable to be cooperative rather than aggressive. The goal is to reach a mutually acceptable agreement, and cooperation can lead to more productive discussions.

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The mediator guides the talk, focus on finding a solution together, not winning an argument. Be cooperative but firm, present your evidence and legal support clearly. Your separate grievance about discipline might be linked, but not guaranteed. They could offer to cancel it as part of the ADR deal, but it depends.

Do some research on ADR beforehand, talk to your legal support, and go in with a clear goal but open to compromise. It’s voluntary, so you can walk away if needed.