|NASA Headquarters' Directives|
Effective Date: January 05, 2010
Expiration Date: June 05, 2015
Responsible Office: LM1
|NASA Headquarters Alternative Dispute Resolution in Matters Pertaining to Discrimination Complaints Under 29 C.F.R. Part 1614|
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Chapter 4. ADR Formal Process
4.1 EEO ADR at the Formal Stage
4.1.1 The Agency Office of Diversity and Equal Opportunity administers the Agency EEO ADR program and the formal stage of the EEO complaints process. This chapter lays out the EEO ADR process at the formal stage.
4.2 Determining Appropriateness of Complaint for Mediation
4.2.1 During the acceptance/dismissal stage of the complaint process, the ADR Program Manager shall coordinate with the HQ ADR Manager to determine whether to offer mediation at the formal stage of the process; i.e. whether the complaint is appropriate for mediation and whether the HQ Management is agreeable to mediation.
4.3 Arranging for Mediation
4.3.1. The ADR Program Manager shall identify a mediator and provide the mediator with the names of the parties to determine whether there is a potential or actual conflict of interest.
4.3.2 The ADR Program Manager shall contact all the parties to the mediation and provide them with the name of the mediator(s). The parties shall have an opportunity to request another mediator if the mediator is not acceptable to either party.
4.3.3 The ADR Program Manager shall provide the mediator with all pertinent documents needed to conduct the mediation. The mediator shall contact the HQ ADR Manager to assist in coordinating the mediation session(s).
4.3.4 The HQ ADR Manager shall serve as the mediator's point of contact for on-site resources and support, such as logistical arrangements and access to the HQ Center.
4.4 Monitoring the Progress of the Mediation
4.4.1 The HQ ADR Manager shall monitor the progress of the mediation and shall keep the ADR Program Manager and the HQ EEO Director apprised as to the status of the mediation process.
4.4.2 The ADR Program Manager shall, in consultation with the HQ ADR Manager and the mediator, determine whether mediation should be terminated due to unreasonable delays or other evidence of lack of good faith by either party.
4.4.3 The complainant may also terminate the mediation and return to the EEO process at any time.
4.5.1 If settlement is reached through mediation, the terms shall be reduced to writing.
4.5.2 The OGC or the Counsel to the Inspector General (if in a matter involving the OIG) shall review the agreement for legal sufficiency prior to obtaining all necessary signatures.
4.5.3 The settlement agreement shall be signed by the complainant and the settlement official. (See Appendix D.3)
4.5.4 The Management representative shall consult with officials in the HQ EO office, the OGC, the Counsel to the Inspector General, the HRMD or other site officials, as appropriate, during the course of the settlement discussion.
4.5.5 The HQ ADR Manager shall send a signed and dated copy of the settlement agreement to the Director, Complaints Management Division, ODEO, and the HQ EO Director within five business days of the execution of the settlement agreement.
4.5.6 The following language shall be included in all settlement agreements:
If [insert name of aggrieved/complainant] believes that NASA has not complied with the terms of this Agreement, s/he may request that the terms be specifically implemented, or alternatively, that the complaint be reinstated for further processing at the point ceased, in accordance with the procedures set forth in 29 C.F.R. õ1614.504. Any such request must be made within thirty (30) calendar days of the date s/he knew or should have known of the noncompliance and must be forwarded to the DIRECTOR, COMPLAINTS MANAGEMENT DIVISION, OFFICE OF DIVERSITY AND EQUAL OPPORTUNITY, NASA HEADQUARTERS, WASHINGTON, D.C. 20546, with an explanation as to why s/he believes that the Agreement has not been carried out.
4.5.7 If the complaint contains an allegation of age discrimination, the settlement agreement must contain the appropriate settlement provisions required by the Older Workers Benefit Protection Act (OWBPA). (See Appendix D.4)
4.6 When Mediation Does Not Result in Settlement
4.6.1 If a resolution cannot be achieved, the mediator shall end mediation and notify the HQ ADR Manager.
4.6.2 The HQ ADR Manager shall advise the Agency ADR Program Manager that the mediation effort did not result in settlement.
4.6.3 The complaint shall resume through the formal complaint process at the point where processing ceased.