4.1: Employment Mediation
Use employment mediation as an alternative to litigation. Other Information:
Action: • Increase number of employment mediations conducted and reimbursable agreements signed. Strategy: • Advocate alternative
dispute resolution (ADR) as the preferred method for settling non-collective bargaining disputes. Expected Output: • Increase
the proportion of settled employment mediation cases. Discussion: The Agency’s alternative dispute resolution (ADR) work is
defined by the Administrative Dispute Resolution Act of 1996 and is designed to help resolve disputes that do not result from
a collective bargaining relationship. Under the Act, the Agency is generally limited to work in the federal sector, but may
include state or local entities if the dispute is related to a federal rule or regulation. Using traditional dispute resolution
vehicles, such as the courts, may take several years and cost hundreds of thousands of dollars in legal fees and court costs.
While theAgency provides its ADR services as a reimbursable service, costs generally run less than $1,000 per case and most
can be resolved quite quickly. These modest costs are more than offset by reduced friction in the workplace and a more productive
workforce. By increasing the number of ADR cases that the Agency takes and improving the rate at which it helps settle cases,
FMCS seeks to provide a cost-effective alternative to litigation and promote better government decision-making.
Indicator(s):
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