Agencies should carefully consider the needs of their workforce when selecting techniques and select the technique(s) most likely to lead to the fastest and most successful resolution of labour disputes. 2 Types of jurisdiction Initial jurisdiction: The power to hear and decide cases when they first enter the legal system Court of Appeal: The power to review previous judicial decisions to determine whether the courts of first instance have erred in their decisions “jurisdiction” refers to the power of a court to hear a particular case. Types of jurisdiction include “original” jurisdiction, which refers to the power to hear and decide a case when it first enters the legal system, and “appellate jurisdiction,” which refers to the power to review a decision of a lower court to determine whether the lower court erred in rendering the judgment. 2-2 The Commission recommends that organizations disclose their source of neutrality to the parties. Federal boards of directors (FEB) across the country offer pools of neutrals available for the resolution of EEO disputes. Similarly, the Federal Mediation and Conciliation Service (SGCS) also provides neutrals across the country. In the Washington, DC metropolitan area, the Department of Health and Human Services offers an interagency mediation program called the sharing neutrals Program. This program manages a pool of trained and experienced mediators who provide mediation services to agencies in exchange for similar services provided by the program`s beneficiary agency. More information on these programmes is available online on the ADR page of the Federal Sector Commission.
Alternative Dispute Resolution (“ADR”) refers to all means of resolving disputes outside the courtroom. ADR generally includes early neutral assessment, negotiation, conciliation, mediation and arbitration. As growing court queues, rising litigation costs, and delays continue to weigh on litigants, more and more states have begun experimenting with adro programs. Some of these programmes are voluntary; others are mandatory. 21 Benefits of Arbitration More efficient and cost-effective than disputes Parties have more control over the dispute resolution process (the parties choose the arbitrator and determine the form of the process) Parties may choose an arbitrator with expertise in a particular area The arbitrator has greater flexibility in decision-making (compared to the judge`s decision-making power) Arbitration as a form of alternative dispute resolution Disputes have several advantages. Benefits include: greater efficiency and lower costs compared to litigation; the fact that the parties have greater control over the dispute settlement procedure, as they choose the arbitrator and determine the form of the proceedings; the fact that the parties may select an arbitrator with expertise in the specific subject matter of the dispute; and the fact that the arbitrator has greater flexibility in decision-making compared to a judge`s decision-making power. 2-21 Trust promotes open and open communication between the parties, which is an essential factor for a fair resolution of an EEO complaint. Once the person has chosen EEO ADR to attempt a solution, the neutral can develop the confidence of the parties by: 23 Binding arbitration clauseDefinition: A provision of a contract that requires that all disputes arising from a contract be resolved by arbitration A binding arbitration clause is a provision of a contract, which states that all disputes arising out of a contract must be resolved by arbitration. 2-23 The Commission does not require the use of a specific EEO-ADR technique in an agency`s EEO-ADR programme; However, the technique(s) chosen must be used in a manner consistent with the fundamental principles. In addition, each agency`s EEO-ADR programme must provide the parties with at least one ADR technique that allows for the meaningful participation of all parties involved (e.g.
Mediation, Moderation or Comparison Conferences). The OEE ADR program must not interfere with an individual`s right to assert their claim under the 1614 process if the OEE ADR does not resolve the dispute. For example, an OEE OER program cannot require a person to waive his or her right to an investigation, hearing or final decision before the Board as a condition of participation. According to 29 C.F.R. § 1614.102(b)(2), agencies must establish or provide an EEO-ADR program during the formal complaints process. The rules also state: “Authorities are encouraged to include alternative dispute resolution techniques in their investigative efforts to promote the early resolution of complaints.” See 29 C.F.R.