Formal Complaint
Mediation may also be requested after a formal complaint has been filed. An agreement to mediate form must be signed by both parties and provided to the DMC.
Schedule the Mediation
Once a mediator has been selected, the DMC will work with all parties to schedule mediation time(s) and location(s). Mediation will be conducted in a neutral location.
Preparation
Parties should come to a mediation session prepared to discuss the issue(s) and possible resolution. It is recommended that settlement options be discussed with the appropriate officials and/or representatives prior to the mediation session.
Mediation Session
The mediator will facilitate the mediation session. Each party will be given the opportunity to discuss their concerns without interruption. If necessary, the mediator may ask for private discussions (caucuses) with each party. Mediation will continue until a resolution is reached or the parties agree that a resolution of the issue is not possible at this time. Since mediation is a voluntary process, either party may end the mediation session at any time. If a mutually acceptable resolution is reached, the mediator will draft the terms and conditions for each party to review.
No Resolution
Mediation does not always lead to a successful resolution. If this occurs, the mediator will inform the DMC, who will send the case back to the appropriate EEO official to continue at the point in the EEO Complaint Process in which it left off. In the EEO Complaint Process, the informal phase may not exceed 90 calendar days. The formal complaint process should not exceed 270 calendar days.
Resolution/Settlement Agreement
A resolution will be reduced to writing and signed by both parties. The Civil Rights Director, or designated official where the complaint originated, will monitor compliance with resolution agreements reached as a result of mediation. Resolution agreements will be maintained in the servicing OAs Civil Rights Office and DOCR. If a complaint is resolved at the formal level, through the mediation process, a copy will be forwarded to the appropriate Regional DOCR Office.
Breach of Agreement/Noncompliance
If the aggrieved person believes that DOT has failed to comply with, or breached, the terms of the resolution agreement, he/she shall notify the appropriate Regional DOCR Office. A notice, in writing, must be submitted within 30 days of when the complainant knew of the breach. The aggrieved person may request that the terms of the Resolution Agreement be carried out, or alternatively, that the complaint be reinstated for further action from the point that complaint processing ceased. In the event the aggrieved person alleges noncompliance and chooses to reinstate his/her allegations of discrimination, his/her request for reinstatement will require that she/he return in full to the agency any relief that has been provided.