Employee and/or applicants seeking to file a complaint of discrimination should contact an EEO Specialist at (619) 524-8460.

Mediation FAQs

Why Mediation?
Disputes often arise out of communication problems or sheer complexity. The traditional grievance and complaint models sometimes exacerbate disputes, unnecessarily solidify positions, and can result in protracted and costly litigation. 

Mediation is a process in which a trained neutral third party assists in resolving a dispute, or at least narrowing and clarifying issues, in a manner that is acceptable to both sides. Mediation is different from traditional litigation in that it is informal, the rules of evidence do not apply, testimony is not taken, and the mediator does not decide the dispute. It is also different from traditional negotiations in that a third party facilitates the discussions, sometimes with both disputants together and sometimes with each side privately.

The mediator, in effect, creates a new forum where the disputants can candidly discuss their cases. The mediator will not reveal anything from private discussions which one side does not want revealed to the other. Thus, the mediator often will have more information and a more complete picture of the problem, than either party alone. By virtue of this unique position, the mediator can often find options for agreement which were not evident before. Also, the mediator can assess the strengths and weaknesses of each party’s case and help create realistic expectations.

What is the Value of Mediation?
Mediation allows the disputants to control their dispute and resolve the problems themselves, rather than having a judge or some other official decide it for them. Mediation is also fast and economical when contrasted to adversarial process costs. Even if the disputants do not resolve the dispute, mediation frequently will simplify the issues and enhance communications so that litigation proceeds more rapidly and is more focused as a result of having attempted mediation.

What Happens in a Mediation Meeting?
What occurs during mediation is strictly confidential. The mediator does not keep any permanent record of the meeting and will not disclose any information you provide during the mediation.

Before your session begins, the mediator will explain the mediation process to you. Included in the explanation is a reminder that the mediation is a voluntary process. You will be asked to sign a statement, which affirms understanding of this, and that the comments made during mediation are considered confidential. The mediator will also describe the role of the mediator, the role of the parties, and the process the mediator will follow. 

If resolution is achieved, it will be put into a written form and signed by the participants. In some instances in which the parties do not agree to a settlement, you may be able to agree to a finer focus of what the real problems are in the dispute and would reduce this to a written agreement.

Remember: This is a valuable and important opportunity for you. Don’t hesitate to ask questions or raise any concerns you have either openly or privately with the mediator.

Facilitation FAQs

How Do I Obtain a Facilitator?
Trained facilitators will be available for DON meetings. Their services (consistent with applicable collective bargaining obligations) can be obtained by contacting the ADR coordinator at (619) 524-8460.

What is the DON Alternative Dispute Resolution (ADR) Program?
The Facilitation Program is one part of the DON’s Workplace ADR program. The DON actively engages in finding methods to ensure an efficient effective workforce. This includes mediation on grievances, EEO and workplace issues. Facilitation is another method to meet this goal. Facilitated meetings can improve ways of completing our mission.

What is the DON Facilitation Program?
The DON facilitators will provide facilitation services in large and small meetings covering a wide range of topics involving Navy civilian employees. This program attracts a diverse group of participants from all areas of Navy and Marine Corps life. The DON trained facilitators’ experience include public speaking, active listening, managing meetings, dealing with conflict, and the ability to act in a neutral, ethical, and impartial manner.

Why Facilitation?
Supporting the mission of the DON requires personnel to work together as part of an effective, high performance organization. Facilitation is a collaborative process used to help a group of individuals with divergent views to reach a goal or complete a task to the mutual satisfaction of all.

A facilitator keeps the meeting on track, makes sure people get a chance to speak, and in an orderly manner enforces any established ground rules, and stimulates discussion by asking questions. They are neutrals that focus on process, and do not make substantive contributions to the meeting. In rare instances where contentious matters may arise, before they escalate, the facilitators will help meeting participants address these issues.

Please submit a completed NAVMC 11512 Complainant Form  through your chain of command to the Commanding Officer of your unit for PAC redress.

Marine Corps Prohibited Activities and Conduct (PAC) Prevention and Response Policy

MCRD San Diego Commanding General's Equal Opportunity and Anti-Harassment Policy 

No Fear Act Notice

Pregnant Workers Fairness Act Infographic

Pregnant Workers Fairness Act Poster

Tip Sheet for Contracting Personal Assistance Services (PAS)

Prohibited Activities and Conduct Prevention and Response Toolkit

Alternate Dispute Resolution

Understanding Reasonable Accommodation (RA):

Employees with a disability or suffered a work injury are entitled to reasonable accommodation.

Employees are required to perform their essential functions of their position description with or without an accommodation.

EEOC’s October 2012 Guidance on Reasonable Accommodation may include but is not limited to:

1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
2. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

The Interactive Dialogue

• Engage in the interactive process with the employee. (Take notes while they are talking)
• LISTEN! RESPECTFULLY DISCUSS THE ACCOMMODATION
• Identify essential functions of job
• Identify functional limitations of employee
• Call your Reasonable Accommodation Coordinator and make an appointment with the employee to attend with you as well.  Your RA Coordinator will go over the paperwork and assist in determining if an RA is needed.  (ej. Employee requests Reasonable Accommodation because his back hurts.  Later it is determined he just needed a new chair at his work station.)
• You have to remember, when someone invokes Reasonable Accommodation it pertains to that one individual not the department.

Factors to consider:

• Determine potential reasonable accommodations
• Determine those reasonable accommodations that are effective that meet the needs of the employer and the employee (not necessarily the perfect accommodation of choice)
• Determine whether additional medical information is needed to make an informal decision and get signed medical release (get an agency doctor/contract doctor involved if necessary)
• Make the Accommodation

EEOC’s RA Guidance

• Employee entitled to reasonable effective accommodation, not accommodation of choice
• Consider the employee’s request, but agency can choose between (2) effective accommodations

Reassignment (Accommodation of last resort)

• Employee must be qualified for the position
• Don’t have to create a job
• Vacant funded position
• Consider accommodations within job first unless the employee and agency agree otherwise
• Nationwide search/downgrade may be appropriate
• Employee has the burden to prove such a position

Timely Response to an Accommodation Request (clock starts when employee requests)

• You have 30 days once the request is given by the employee to get all paperwork in.
• The clock starts and stops only when employee needs to see the doctor for the essential functions worksheet to be completed.
• Take thorough notes in your interactive discussion with the employee during the process.

Obtaining Medical Documentation and Assessing the Probative Weight of the Documentation

2002 Enforcement Guidance of Reasonable Accommodation

Agency can deny reasonable accommodation request if employee does not provide medical information needed to determine if the employee has a disability or evaluate a reasonable accommodation request.  However, the agency may not ask for medical evidence where the need for the accommodation is obvious.

*Qualified individual with a Disability

42 U.S.C. 12102 (8); 29 CFR 1630.2 (M): individual with a disability who, with or without Reasonable Accommodation can perform essential functions.