The Department may obtain its mediators from an interagency pool of volunteers who serve as mediators on a collateral duty basis or from other appropriate sources. These mediators receive special mediator skills training. Although EEO Counselors with mediation training may also be mediators, they cannot serve in both capacities on the same case.

During the Pre-Complaint stage, the Bureau EEO Officer or Bureau ADR Coordinator will secure the services of a trained mediator as soon as possible. The Bureau EEO Officer or Bureau ADR Coordinator will then provide the employee and the designated agency official with the name and background information of the mediator. During the Formal Complaint stage, the Department EEO ADR Manager will secure the services of the mediator.

Either party may ask that another mediator be obtained if there is a compelling reason -- such as a conflict of interest based on personal relationship with the mediator -- which would compromise the integrity and impartiality of the process. Either party must notify the Bureau EEO Officer, Bureau ADR Coordinator, or Department EEO ADR Manager, as appropriate, of such a conflict within three (3) working days of receipt of the mediator's name and biographical information. Upon receipt of such notification, the Bureau EEO Officer, Bureau ADR Coordinator, or Department EEO ADR Manager will review the facts and make a determination as to whether another mediator should be obtained.