The U.S. Office of Special Counsel (OSC) plays a unique role in fostering a healthy federal workplace by investigating and prosecuting alleged prohibited personnel practices (PPPs), such as retaliation for whistleblowing, unauthorized preferences in employment, nepotism, and other violations of merit system principles. To provide additional options for resolving such complaints, OSC offers a high-performing Alternative Dispute Resolution (ADR) program.
Mediations are conducted by OSC attorney-mediators who have experience in both dispute resolution and OSC's laws. Since fiscal year 2020, OSC's ADR program has had an average settlement rate of 74 percent. Mediation allows for quicker and more flexible remedies that are tailored to the parties' needs and not limited to the type of relief that a judge can order. Mediated settlements can also save employee time and taxpayer dollars compared to a full investigation and prosecution.
Mediation through OSC is voluntary and confidential. During the process, OSC mediators help the parties talk directly with each other, understand each other's interests and priorities, weigh options and identify areas for agreement. Throughout the process, the decision-making power rests in the hands of the parties.
If mediation results in resolution, the parties sign a written agreement that becomes binding, and OSC closes its case. If a settlement is not reached, the complaint will return to the appropriate OSC investigative unit. Communications in the mediation process remain confidential even after the process ends, and the OSC mediators have no further involvement with the case.
OSC surveys all ADR participants to assess program efficacy and continually improve its program. Surveys show that since 2020 more than 90% of survey respondents said that OSC mediators played a positive role in their ability to reach an agreement. Further, six months after the mediation concluded, over half of survey respondents said that that their workplace situation improved because they went through mediation.
“While cases resolved through OSC's ADR program are confidential and don't typically generate news headlines, I am very proud of the positive outcomes we achieve through mediation," said Special Counsel Hampton Dellinger. “I want to thank Jane Juliano, Chief of the ADR Unit, for her years of dedicated service to OSC. Jane and the ADR staff attorneys deserve much credit for building the program and making it into a model unit by successfully negotiating settlements without bias or favoritism to either party."
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