Traditional Counseling
Once an individual contacts EDI, an EDI Counselor will talk to the individual about his or her rights and responsibilities and request basic information about the individual’s situation. When meeting with an EDI Counselor, individuals should be ready to explain their complaint with clarity and reasonable specificity.
Alternative Dispute Resolution (ADR)
Once an individual contacts EDI to file an Informal Complaint, they will be provided a choice of ADR. They may choose either shuttle diplomacy with the assistance of an EDI Counselor or they may choose mediation. By Health and Human Services policy, the form of ADR that is used to resolve EEO complaints, when shuttle diplomacy is not elected, is mediation.
In most cases, the EDI Counselor will give the individual the choice of the form of alternative dispute resolution (ADR) that they prefer. Regardless of the choice, the role of the EDI Counselor is to conduct an informal, "limited inquiry" into the allegations contained within the Pre-complaint, to determine the allegations that are being raised by the Aggrieved Person, obtain management's response, and acquire information needed to make decisions on jurisdictional questions specified in the regulations.
Shuttle Diplomacy
If shuttle diplomacy is chosen, the EDI Counselor serves as a bridge between the individual and management officials to seek a mutual understanding of what may be causing the dispute or conflict, and to determine potential solutions to resolve the complaint. The EDI Counselor shuttles between the management official and the Counselee who filed the pre-complaint to identify a resolution of the issues. The key to shuttle diplomacy is that the parties do not sit at the table with one another. The EDI Counselor interacts with each separately to help the parties resolve the dispute. If shuttle diplomacy is elected, EDI has 30 days to close out the Informal Complaint or up to 60 or 90 days if the parties agree to extensions. Informal Pre-Complaints are closed out with the issuance of the Notice of Right to File a Formal Complaint, withdrawal of complaint or the execution of the settlement agreement in those cases where the parties agree to mutually resolve the dispute.
Mediation
If mediation is chosen, the EDI Counselor will notify EDI’s ADR Program Manager. Mediation is a confidential process in which disputing parties meet and a neutral, impartial third party (mediator) who facilitates discussions to assist the parties in reaching a mutually acceptable resolution. The parties sit at the table with one another and with the assistance of the neutral mediator, attempts are made to resolve the dispute. While the mediation is being arranged and conducted, the EDI Counselor still has the responsibility of conducting a limited inquiry into the allegations being raised. The key to mediation is that the parties will sit down at the table with one another, and a neutral mediator will assist in the discussions for the parties to understand the interests involved in the dispute and the mediator will assist in identifying solutions that may resolve the dispute. If mediation is chosen, EDI has 90 days to close the Informal Complaint. If the matter is not resolved during mediation, the EDI Counselor will issue a Notice of Right to file a Formal Complaint to the Counselee.
Department of Health and Human Services' (HHS) policy, dictates that mediation is the form of Alternative Dispute Resolution (ADR) used to resolve Informal Complaints of Discrimination when shuttle diplomacy is not elected at the Informal stage. If you are interested in mediation at the formal stage, please contact your assigned EDI Specialist.