Official Title: Alternative Dispute Resolution (ADR)
Abbreviated Title: ADR
Volume: Human Resources
Responsible Office: Human Resources
Revised: November 2010

7.7 Alternative Dispute Resolution (ADR)

Policy Statement

The Institute recognizes the benefits of resolving disputes through informal means that are designed to decrease the reliance on adversarial processes. All departments are encouraged to resolve disputes effectively and fairly at the lowest possible level.

It is the policy of Georgia Tech that Institute-related disputes be addressed in a manner that encourages resolution of conflict and advances the opportunity for productive learning and work relationships. Through the voluntary ADR system, all employees have access to this informal means of resolving Institute-related disputes.

The Institute supports the practices of administrators, faculty, and staff who consider having their disputes resolved through the mediation process prior to filing for formal proceedings. It is not the intent of mediation to be used as an appeal mechanism after decisions have been made which can only be resolved through more formal proceedings.

Reason for Policy

The purpose of ADR is to increase employee options in addressing their Institute-related disputes and to further the voluntary resolution of problems at the earliest opportunity.

Georgia Tech supports the goals of the Board of Regent's "Alternative Dispute Resolution (ADR) Initiative" whereby its employees may seek timely, equitable, and satisfactory resolutions to their disputes in an efficient and cost-effective manner, preferable at the first indication of a problem. Faculty and classified staff are encouraged to seek an appropriate resolution to any conflict within the Institute through discussion with those persons and departments that may be involved. If this does not resolve the conflict, the parties may seek the assistance of the informal mediation process described in this policy.

Entities Affected By This Policy

All faculty and staff at Georgia Tech should be aware of this policy.

Who Should Read This Policy

All faculty and staff at Georgia Tech should be aware of this policy.

Contacts

Definitions

Mediation - is a forum in which an impartial person, the mediator, facilities communication between parties to promote reconciliation, settlement, or understanding among them.

Overview

To resolve conflicts at the earliest possible stage and to address problems with the least damage to future learning and working relationships, assistance with mediation is available to all employees. All parties to a dispute must agree to mediation before arrangements will be made for a session.

Participants in the voluntary alternative dispute resolution processes do not forfeit the right or the opportunity to participate in other appropriate procedures. Likewise, participants in other available dispute resolution procedures do not forfeit the right to participate in this procedure. No presumption of fault is drawn from a party's decision to proceed with or to forego the opportunity to engage in mediation.

Examples of Appropriate Disputes for the Mediation Process

An appropriate dispute is defined as an employee's expressed dissatisfaction concerning interpretation or application of a work-related policy or action by management, supervisors, or other employees. Examples of matters that may be considered appropriate disputes under this policy include:

• A belief that Institute policies, practices, rules, regulations, or procedures have been applied inconsistently to an employee
• Treatment considered unfair by an employee, such as coercion, reprisal, harassment (including sexual harassment), or intimidation
• Alleged discrimination because of race, color, sex, age, religion, national origin, marital status, or disability
• Improper or unfair administration of employee benefits or conditions of employment such as scheduling, vacations, fringe benefits, promotions, retirement, holidays, performance review, salary, or seniority
• Actions/inactions, actual or perceived, by the employee that management has not dealt with that employee in a "good faith" manner in the workplace

Mediation Limitations

The mediation program is available for all disputes among administrators, faculty, and staff with the following exceptions:

• Disputes that have been the subject of a final ruling or decision according to policies and procedures. For example, if someone has already been terminated, mediation is not available. Also, if the President has ruled on a grievance or appeal, then that decision must stand.
• Disputes that do not concern a matter which left unaddressed could result in either harm to the Institute or discipline for the employee of the Institute. This rule is intended to give the ADR Administrator the discretion to deny mediation for trivial matters or for matters which have no relation to the official business of the Institute.

Process/Procedures

On-Campus Mediators

Georgia Tech's Alternative Dispute Resolution (ADR) Program is administered by the Office of the Classified Employee Ombudsman who shall:

• Act as a first point of contact for any member of the Georgia Tech community who wishes to refer a dispute or use the ADR/Mediation Program
• Provided that mediation is appropriate, arrange for an approved neutral mediator(s) to mediate the dispute
• Participate in campus Conflict Management Training

Off-Campus Mediators

At times, it may be appropriate to obtain a mediator(s) from off-campus. In these instances, the Classified Employee Ombudsman will contact the Board of Regent's Consortium on Negotiation and Conflict Resolution (CNCR) to obtain experienced mediators from other institutions within the University System of Georgia.

The Classified Employee Ombudsman will work with all mediators to arrange an appropriate time and place (away from the work site) to conduct the mediation and to obtain the participants' written consent.

Mediations

Participation in mediations is voluntary. Time spent in mediation is considered part of an employee's normal working time. Employees are not required to take annual or other leave to participate in mediation and supervisors are strongly discouraged from authorizing the use of overtime for mediations. Supervisors must make reasonable efforts to allow employees to participate in mediation.

Both the mediator and the parties are to consider the statements made during mediation to be private and the mediator will destroy any notes kept during the mediation; however, there is no legal privilege that protects statements made during mediations. All participants, including the mediators themselves, are required to report statements that reveal conduct that is criminal or poses a significant risk to the safety of others or to the proper operation of Georgia Tech.

The parties are encouraged to memorialize the resolution of their workplace dispute in writing whenever possible. The purpose of such a written document is to ensure that everyone who was involved in the dispute has a common understanding concerning the resolution of the dispute. Such written agreements must be consistent with the rules and policies of the ADR Program. If appropriate, the mediator should remind the parties regarding the limits of their authority and of the possible need to discuss the proposed resolution with their supervisors or with other departments on campus which may be affected or involved.

Responsibilities

The responsibilities each party has in connection with Alternative Dispute Resolution (ADR) are:

Forms

None

Appendices

None

Revision History