AMC uses alternate dispute resolution to solve conflicts

  • Published
  • By Master Sgt. Paul Fazzini
  • Air Mobility Command Public Affairs
SCOTT AIR FORCE BASE, Ill. (AFPN) --  Air Mobility Command officials here have taken significant steps to promote greater use of a program that has proven to be effective at resolving conflict, especially workplace disputes.

The program, known as alternate dispute resolution, significantly reduces the dollars and hours expended annually on resolving conflict for civilian and military employees. For civilians, the program focuses on workplace issues. For Airmen, it can help resolve social conflicts occurring outside the job.

Some of the issues and conflicts leaders, managers and co-workers face where the program may be used include negotiated and administrative grievances, discrimination complaints and employee appeals.

ADR processes involve a variety of approaches for resolving workplace conflicts in lieu of more traditional ones. In civilian cases, they may involve third-party judges or arbitrators, who, after hearing both party's positions, decides in favor of one party or the other.

"The traditional process may take years to resolve and can negatively (affect) employee morale. It's a win-lose situation," said Diana Hendrix, AMC’s civilian programs branch chief.

With ADR, people are encouraged to openly communicate, identify mutual interests and develop quick solutions to the dispute.

"The parties, in essence, maintain control over the process and its outcome," she said.

Some Air Force bases use mediators to help them identify their issues and explore options with a focus on developing a solution; however, the mediator does not have authority to make a decision on the dispute, Ms. Hendrix said.

Mediators are appointed by wing commanders for a minimum of 24 months and must successfully complete a 32-hour Air Force basic mediation or comparable course. Additionally, they are expected to maintain an acceptable level of proficiency through active mediation of cases and refresher training.

Another ADR process, called facilitation, is available to Airmen with conflict involving human relations or equal opportunity issues. With this process, trained and skilled military equal opportunity technicians help resolve conflict. Airmen may request facilitation, and both civilians and Airmen may participate in the process. Airmen interested in this process can contact their local MEO team.

Not all wings use mediators or facilitators to resolve conflicts. Some bases have had success using four- to six-person peer review panels. The panels, which include bargaining unit and no-bargaining unit members, review facts, listen to arguments and provide final binding decisions on the parties.

ADR techniques are not new, Ms. Hendrix said. They have been used for centuries by most people in their daily lives, she said.

The resolution program, however, began in the federal arena when Congress passed the Administrative Dispute Resolution Act of 1990. The act was tested over a five-year period, and Air Force officials testified before Congress on the significant positive effect ADR had on dispute resolution throughout the department. Former President William Clinton eventually signed into law the Alternate Dispute Resolution Act of 1996, which permanently authorized ADR use.

The 1996 act encouraged federal agencies to develop ADR policies, designate dispute resolution champions to implement the act's provisions, and to provide ADR funding and training on a continuing basis.

The Air Force, under former Secretary of the Air Force James Roche, took it one step further when it approved Air Force Instruction 51-1201, Alternative Dispute Resolution in Workplace Disputes in April 2004.

"Although most AMC bases used ADR for a number of years, the AFI emphasizes the need to formalize programs at each of the command's bases," said Ms. Hendrix, who was appointed as the command champion in November.

Each AMC wing commander has also appointed an ADR champion to finalize their respective plans, she said.

The Air Force's goal is to attempt ADR in 50 percent of disputes, and when using it, to resolve 70 percent of those disputes, Ms. Hendrix said. The base ADR champions help facilitate the process to reach the Air Force goal of resolving a dispute in 45 days. The fiscal 2004 average was 27 days.

Each year the secretary of the Air Force deputy general counsel gathers data from each base to analyze and report to the secretary the progress being made. The annual report is also provided to the bases to gauge how they are doing compared to Air Force goals and provides recommendations for improvement.

One of the other areas of interest to the general counsel is how satisfied the users are with the process. Users are asked to complete a survey at the end of each ADR process.

"Since ADR is a voluntary process, its success depends on the confidence disputants have in the process and the neutral party that is facilitating the outcome," Ms. Hendrix said. "If the approach of the neutral is ineffective in helping to resolve disputes quickly and fairly, wings can continually assess these areas through the use of surveys.

"Ultimately," she said, "it's about Air Force employees and supervisors resolving conflicts in an efficient and effective manner so they can continue performing the Air Force mission of supporting and defending the United States of America." (Courtesy of AMC News Service)