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Reaching a Settlement: Potential Problems and How to Avoid Regrets

Choice

EEO Advocate
DHS
Wed Oct 22, 2008 2:48 PM

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Although it is cost effective and many like cases have been settled or ruled on by court. TSA will fight some and settle some. Also it would appear that both parties need to agree to the term and conditions recent mediation has shown what two partysagree to telephonic may not be the same as pen to paper.

REACHING A SETTLEMENT

Bridge Management Specialist
COAST GUARD
Thu Oct 30, 2008 11:33 AM

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I'm a federal employee who, as a collateral duty, am a County Court mediator who mediates for federal agencies other than my own at no cost. I agree totally with this well written article. The ADR process is proving to be so successful, mediators are becoming more and more in demand. As a mediator, I've helped agencies save tens of thousands of dollars in legal fees, lost productivity at work, and ill will during extended legal battles. However, as a non-lawyer, I ensure that when reaching a settlement, the agreement is ALWAYS reviewed by the agencies HR and legal staff prior to having the parties sign. As I mediate for agencies other than my own, I may not be aware of the rules & regulations governing another agency, and feel it's my duty to ensure that the settlement is binding, and can be enforced. Failure to do this can result in returning to the table and re-negotiating.

REACHING A SETTLEMENT

RETIRED EEO MANAGER
ARMY
Sat Nov 1, 2008 8:36 AM

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I congratulate the bridge management sp. on taking the proper procedures . However I do get a little annoyed at Mediators seeming taking credit for resolutions when it is the willingness of good managers and good complainants that really the keys to settlement. An interesting feature of ADR is that management really has more to gain in engaging in such procedures as win , lose or draw they get the opportunity to evaluate the strength of the complainants position, and feed this to the legal staff and civilian personnel, who are their advisors and could be considered interested parties and have a need to know in case of future negotiations.

Total Comments: 3
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