Frequently Asked Questions

Alternative Dispute Resolution, or ADR, refers to a variety of methods for resolving conflicts or disagreements outside of the administrative appeals process. These methods include mediation, facilitation, arbitration, negotiated rulemaking, and coaching. You can learn more about mediation here and about other types of ADR here.

Most ADR processes involve a third-party neutral who is not a judge. The neutral is trained in dispute resolution skills and assists the parties reach resolutions that meet their interests.

The ADR Division at the DAB supports the Chair of the Departmental Appeals Board who is the Dispute Resolution Specialist of the Department of Health and Human Services. We provide ADR services, resources, and assistance to employees and constituents of HHS agencies across the country.

The ADR team comprises a small group of attorneys specifically trained in conflict resolution. We serve as mediators most of the time, helping parties in a variety of types of cases reach mutually agreeable resolutions without the need for protracted, risky litigation.

Most of the requests to the ADR division are for mediation. You can learn more about mediation here.

We also offer facilitation, negotiated rulemaking, coaching, and training services. You can learn more about facilitation, negotiated rulemaking, and coaching here. You can learn more about our training services here. Currently, training is available only for employees of the Department of Health and Human Services.

For certain HHS employees, we offer mediation in workplace conflict and EEO cases. Employees should not try to file a request for ADR on their own. Instead, please reach out to your organization's EEO Division to see if you are eligible for ADR's services. If you are, they will provide a referral; if you are not, they can provide other options.

For parties to DAB cases, we offer mediation in cases before Board Members and certain types of cases before DAB ALJs. We do not generally mediate cases before the Medicare Appeals Council or cases involving the Center for Tobacco Products; please reach out to ADR@HHS.gov if you have questions or concerns about those types of cases.

If you are an HHS employee seeking mediation in a workplace conflict or EEO case, please reach out to your EEO or LER specialist to learn more.

If you are a party to a DAB case, once you reach the ADR E-Filing page, click on the "Request ADR- Existing Docket Number" link in the left sidebar menu. Complete the request form, including entering your name, the original docket number, and the federal agency involved in the case. You should also indicate whether you have already discussed mediation with the other party.

You may upload a copy of the decision you are appealing, as well as any other documents you think are helpful. We will not have access to the case record in the other DAB Divisions. It is particularly helpful if you upload the letter you received acknowledging the DAB's receipt of your appeal.

Generally, once we receive your request for ADR, a mediator will reach out and acknowledge receipt. The mediator will likely try to set up a brief call to discuss your case, the mediation process, and any other options you may have for ADR. This call—including anything you tell the mediator during the call—is confidential.

The first thing we will determine is whether all parties involved in the case agree to mediate. If you have not discussed mediation with the other parties yet, we can discuss how to approach them.

Mediation cannot take place without the consent of all parties. Mediators cannot force participation in ADR. If the other party does not agree to mediate, our involvement ends, and the case will go back to the DAB Division for adjudication.

However, the door to mediation is never closed. If all parties agree to come to mediation later in the case, either party may file a request for ADR again.

Prior to the start of mediation, parties will be asked to sign an Agreement to Mediate, outlining the parameters of mediation, confidentiality, and the mediator's role. The mediator will answer any questions you may have about the Agreement to Mediate.

You can find a comprehensive outline of the mediation process here. Generally, during the mediation, the mediator helps the parties have a productive discussion, focusing on their needs, goals, and alternatives, to try to arrive at a mutually agreeable resolution. The mediator is not a judge and cannot order or require the parties to do anything. While our mediators are attorneys, we are not your attorneys. We do not represent any parties in the mediation, and we do not provide legal advice as part of the mediation. The mediator is a trained third-party neutral who uses their skills in negotiation, dispute resolution, and facilitation to help the parties have a discussion and determine whether a mutually agreeable resolution can be reached.

The mediator will speak to the parties together and will also often separate the parties in to breakout rooms to have more directed discussion with each party. At any point, either party can also request a breakout with the mediator.

If there is a successful resolution, it will be written in a settlement agreement. Who drafts the settlement agreement may vary. The federal party often has a template settlement agreement they use, and either they or the mediator will add in any applicable terms specific to the case. If the settlement agreement is drafted outside of the mediation session itself, you will have the opportunity to review the settlement agreement and meet with either the mediator and/or the other party to ask any questions, discuss any terms, or address any other concerns you have before you sign it.

If there is no settlement, the mediator will close the case and return it to the assigned ALJ or the Board. T he case will continue before the ALJ or the Board.

The important thing to remember is that there is only a settlement if all parties agree to it. No party is ever required to settle, and any party may discontinue mediation at any time. Parties may request a reasonable amount of time to review the settlement agreement with an attorney prior to signing, at their own expense.

As to the mediator, generally yes. Absent certain specific exceptions, the mediator does not share what happened in the mediation without the express permission of all parties. If one party shares something with the mediator in a breakout session, the mediator won't share that with the other party without permission. The mediator does not discuss details of the case with the ALJ, the Board, or any DAB attorneys assigned to the case.

However, settlement agreements reached in mediation may be subject to FOIA requests, and certain documents produced during the mediation may not be confidential. You may refer to the Administrative Dispute Resolution Act of 1996 for more information on confidentiality and its exceptions.

All parties to a case should participate in the mediation. Each party may also be represented by an attorney of their choosing at their own expense, but parties are not required to have an attorney.

Parties may also bring a support person who is not an attorney. Support persons should not participate in the full group sessions, but they may request time to break out to speak to their parties and may participate in any breakout sessions with the mediator. If a non-attorney support person disrupts the mediation, the mediator may ask them to disconnect or leave the session. Support persons will be required to sign the Agreement to Mediate.

There may also be a co-mediator on the case for training purposes.

Mediations may be held in person at the DAB offices in the Switzer building, 330 C St. SW, Washington, DC, for parties local to the DC region.

We also use Zoom for mediations for parties in different parts of the country or for parties who have difficulty attending in-person sessions. Our mediators are happy to work with parties to develop a plan for mediation that works for all involved.

We can accommodate mediation requests regardless of the geographical location of the parties.

If you need accommodations or an interpreter for your mediation, please let the mediator know during or before the initial call.

Please reach out to ADR@HHS.gov.