Alternative
Dispute Resolution (ADR)
The National Aeronautics and Space Administration Ames Research Center
is firmly committed to using alternative methods for resolving disputes
in all of its activities, where appropriate and feasible. Used properly
in appropriate circumstances, Alternative Dispute Resolution (ADR) can
provide faster, less expensive and contentious, and more productive
results in eliminating workplace discrimination, as well as in the Center
operations.
Mediation is a form of ADR that is offered by NASA as an alternative
to the traditional investigative and litigation processes. Mediation
is an informal, voluntary and confidential process in which a trained
mediator assists the parties to reach a negotiated resolution of a charge
of discrimination. The mediator does not decide who is right or wrong
and has no authority to impose a settlement on the parties. Instead,
the mediator helps the parties to jointly explore and reconcile their
differences.
The use of ADR is fully consistent with NASA Ames' reputation as an
agency that promotes full and fair opportunities for its employees and
applicants. It is squarely based in the statutes creating and enforced
by the Commission Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Equal Pay Act and the Americans
with Disabilities Act. The use of ADR is also predicated on the Administrative
Dispute Resolution Act (ADRA), pursuant to which this policy is being
adopted, Executive Orders 12778 and 12871, and the National Performance
Review.
An effective ADR program must further the ARC ODEO mission: vigorously
enforcing federal laws prohibiting employment discrimination and resolving
employment disputes. ADR will complement current systems in operation
by facilitating early resolution of disputes where agreement is possible,
thereby freeing up resources for identifying, investigating, settling,
conciliating or litigating other matters. These improvements in our
enforcement efforts should, in turn, enhance our credibility as a law
enforcement program, encourage victims to come forward, and make the
process of filing a charge less daunting. However, as a law enforcement
program, we will vigorously enforce the statutes over which we have
jurisdiction and will not hesitate to seek appropriate remedies through
neutral approaches.
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Curator: Pepsi Phounrath
NASA Official: Adriana Cardenas
Last Updated: January 23, 2007