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About the Author:
This research report on Opportunities in the ADR Field in Georgia was compiled by Jennifer Matte. Ms. Matte is Vermont Law School graduate. During law school, she completed an externship with the Consortium for Negotiation and Conflict Resolution. Her work with The Center for Legal Solutions, Inc. has primarily focused on the emergence of specializations within the ADR community.
Questions and comments regarding this research may be directed to jmatte@vermontlaw.edu. |
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Opportunities with the U.S. Postal Service
REDRESS Program
(Resolve Employment Disputes Reach Equitable Solutions Swiftly)
Program is a result of a class action settlement and frustration with delays in an overburdened EEO process.
Redress is seen as a speedier alternative
Postal service elected to make transformative mediation the major form of dispute resolution utilized under the REDRESS Program
The Redress Program is designed to resolve EEOC complaints
Basics on the EEO Process
Although the Postal Service is treated as a private employer with regard to employment and labor laws, it is governed by federal sector anti discrimination laws and regulations
Employees have the same rights and follow the same rules as other federal employees, including filing complaints
EEO Complaints:
- lodge informal complaint with EEO counselor at employing agency
- After counseling, a formal complaint may be filed
- investigation
- choice of agency decision on the record or hearing before EEOC administration judge
Program schedules mediations within 2 to 3 weeks of informal complaint filing
Postal managers are required to participate in mediation in good faith
Ground Rules:
- Process is voluntary for complainants
- Complainants may bring a representative of their choice
- Postal managers must participate in the mediation in good faith, but are under no pressure to settle
- Mediators are always outside, non-postal professional neutrals
- Mediation takes place within 2-3 weeks of the date the complaint is lodged
Use of Transformative Approach
Attempt to get to the relationship issues at the heart of the disputes
transform the parties capacity to handle conflict and forge positive relationships
Rather than separate the people from the problem, the transformative theory looks at conflicts in relationships and asks the parties to recognize each others perspective
Who administers the program?
Information on certified Postal service training, contact:
Counsel for Dispute Resolution
United States Postal Service
475 LEnfant Plz SW RM 6514
Washington DC 20260-1150
redress@usps.com
Program Staff:
Currently, there are 9 EEO ADR coordinators, one for each of the current geographic areas to oversee the REDRESS program in their area and provide support to districts
There is a manager of dispute resolution in each district,
1-3 dispute resolution specialists in each district (80 districts)
Additional EEO staff : manager, EEO compliance/appeals officer, appeals review specialists, senior EEO investigator
Who performs the mediation?
How is this determined?
Redress mediators are selected, trained, scheduled, and paid for by the Postal Service
Initial roster contained 3,000 mediators nationwide in 2001
Roster is not limited to mediators with employment law expertise.
Open to mediators from various backgrounds including psychology, counseling, and social work
EEOC administrative judges will issue a mediation order to the parties and to the local USPS ADR coordinator.
Cases are then scheduled for mediation
USPS provides the expert external mediator to conduct the session
If a mediates resolution is not reached, an EEOC administrative judge will process the complain in accordance with federal regulations
What are the requirements for training in order to mediate these disputes?
How much experience is suggested or required?
REDRESS program maintains a roster of 1500+ neutrals
Mediators are qualified to conduct transformative mediations
Mediators must apply to serve on the Postal service roster and will be screened for minimum skills and competency criteria.
After meeting the minimum criteria, mediator applicants are then specially trained in transformative mediation
2 day, 20 hour course
Mediator skills will then be tested/analyzed in a pro bono mediation session.
Those approved will be placed on the department roster
Basic criteria for REDRESS mediators are:
- Completion of a 3-day mediation course (minimum of 24 hours) that includes extensive role-playing, AND
- Completion of at least 10 mediations as lead or co-mediator, AND
- Evaluations from a qualified source, AND
- Completion of Postal Service certified training, AND
- Mediation of first case at no charge to the Postal Service, along with positive evaluation by the Postal Service.
Development of USPS Mediation training:
Developed through a collaboration with Professors Bush and Folger
Includes a USPS specific code of ethics and standards for practice
(including zero tolerance for threats of violence)
Coordinators of the program receive 40 hour mediation training and attend an advanced mediator training
Other key stakeholders receive 4 hour training about mediation and the program
(union leaders, shop stewards, plant managers, local postmasters)
What is the pay rate for a mediator of this type? How is payment structured?
USPS pays for all program costs, including mediator fees, administration and training of mediators
(funds come from the Labor Relations budget)
Mediator fees are negotiated locally on an individual basis.
Policy is to pay mediators per session (rather than per hour) and cover travel expenses
What is the typical volume of cases mediated?
Percent of EEO complainants choosing mediation through redress is 75%
(more than 10,000 mediations per year)
40.5% decline in the percentage of postal employees who initiate a new EEO complaint.
More complaints are being resolved quickly and informally
Percent of complaints entering the formal, litigious stage of the federal EEO process has declined by 28%
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