Alternative Dispute Resolution
Introduction to ADR
Alternative Dispute Resolution (ADR) is offered by the New Mexico State Personnel Office (SPO) as an alternative to the traditional administrative appeal process. ADR is an informal process in which a neutral third party helps the opposing parties reach a voluntary, negotiated resolution of their differences. The decision to participate in ADR is completely voluntary for the Appellant and Appellee. ADR gives the parties the opportunity to discuss the issues raised in the appeal, clear up misunderstandings, determine underlying interests or concerns, find areas of agreement and, ultimately, incorporate those areas of agreement into solutions. A facilitator does not impose a decision on the parties. Instead, the facilitator helps the parties agree on a mutually acceptable resolution. The ADR process is strictly confidential. Information disclosed during ADR will not be revealed to anyone.
How does ADR work?
A SPO representative will contact the parties concerning their participation in the program. If both parties agree, an ADR session conducted by a trained and experienced facilitator is scheduled. While it is not necessary to have an attorney or other representative in order to participate in
SPO’s ADR program, either party may choose to do so. It is important that persons attending the ADR session have the authority to resolve the dispute. If ADR is unsuccessful, the appeal proceeds like any other appeal. Information disclosed during ADR will not be revealed to anyone ADVANTAGES OF ADR
- ADR is an efficient process that saves time and money. Successful ADR avoids time consuming litigation and achieves a prompt resolution of the appeal. The majority of ADRs are completed in one session, which usually lasts from one to five hours.
- ADR is fair. Facilitators are neutral third parties who have no interest in the outcome. Their role is to help the parties resolve the appeal.
- ADR is a confidential process. The sessions are not tape-recorded or transcribed. Notes taken during the ADR are discarded
- Settlement agreements secured during ADR do not constitute an admission by either party.
For additional information about the ADR program, you may contact SPO at (505) 476-7813.