NASA Procedural Requirements

NPR 3713.2B Effective Date: May 22, 2017 Expiration Date: December 01, 2025

Subject: Alternative Dispute Resolution in Discrimination Complaints

Responsible Office: Office of Diversity and Equal Opportunity

Appendix A. Definitions

Aggrieved Individual -- An individual who alleges a harm with respect to a term, condition, or privilege of employment at the informal stage of the EEO process.

ADR -- Any procedure that is used to resolve issues in controversy including, but not limited to, conciliation facilitation, mediation, fact-finding, mini-trials, arbitration, use of ombudspersons, or any combination thereof. However, except as specified by grievance procedures set forth in 5 U.S.C. §7121, the use of binding arbitration requires authorization by the NASA Office of General Counsel.

Center -- Refers to NASA Headquarters or NASA Centers, including Component Facilities and Technical and Service support Centers.

Combination of Techniques -- The combining of techniques, such as fact-finding settlement conference to provide advantageous aspects of more than one method.

Complainant -- An individual who has filed a formal EEO complaint.

Complainant's Representative -- The individual who represents Aggrieved Individual's or Complainant's interests and advises Aggrieved Individual or Complainant during the processing of his or her complainant or during EEO ADR.

EEO ADR Management Team -- A group of individuals representing the Offices of General Counsel, Chief Counsel, Human Capital, EEO and a senior management official to whom a Center Director has delegated authority to explore resolution options dealing with potential or actual disputes of an individual or organizational nature.

Facilitation -- The process in which a neutral assists the parties in finding a resolution to their issue.

Fact-Finding -- The use of an impartial expert selected by the parties in order to determine the facts that are in dispute.

Formal Complaint Process -- A regulatory procedure for addressing allegations of discrimination, which consists of: the filing of an EEO complaint; the acceptance/dismissal of a complaint; the investigation of the accepted claim(s); and the election of either an EEOC hearing or an Agency Final Agency Decision (FAD).

iComplaints -- NASA's electronic EEO complaints recording, tracking and management system. Access is limited to EEO staff responsible for complaints processing and management.

Informal or Pre-Complaint Process -- A regulatory procedure for addressing allegations of discrimination prior to the filing of a formal EEO complaint.

Management Representative -- A senior management official to whom the Center Director or other appropriate management official has delegated authority to engage in mediation.

Mediation -- A voluntary and confidential process in which an impartial third party assists disputants in finding a mutually acceptable solution to their dispute.

Mediator -- A third party neutral who facilitates discussions between parties to a dispute in an effort to reach a mutually acceptable resolution.

Neutral -- An individual, who, with respect to an issue in controversy, functions specifically, to aid the parties in resolving the controversy.

Neutral Evaluation -- A process in which a neutral is used to provide an objective evaluation, of the strengths and weaknesses of a case.

Ombudsperson -- An individual that informs individuals of appropriate avenues of redress for disputes and also aids in resolving conflicts early and informally.

Responsible Management Official -- An Agency official who has been identified as allegedly being responsible for the matters raised by the Complainant.

Settlement Conference -- Another type of ADR. A meeting which is typically conducted by a settlement judge or referee to assist the parties in reaching a mutually acceptable settlement of the disputed matter.

Settlement Official -- A senior Agency representative who has been delegated authority by the Center Director to enter into an agreement that is binding on the Center and Agency.

Shared Neutral Program -- Is an interagency mediation program whereby mediators are provided to participating Federal agencies at no cost.

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